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ARTICLE · 17 SEPTEMBER 2021

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New Compulsory Licensing Rules For Patents In Brazil

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The Covid-19 pandemic triggered the review of the provisions of the Brazilian Patent Statue (9.279/1996) on compulsory licensing of patents in cases of national emergency or public interest.

BrazilIntellectual Property
Louis Lozouet
Louis Lozouet

The Covid-19 pandemic triggered the review of the provisions of the Brazilian Patent Statue (9.279/1996) on compulsory licensing of patents in cases of national emergency or public interest. After a few months of debate, on 6 May 2021, the Brazilian Senate approved bill 12/2021, which creates a two-step compulsory licensing process and amends the provisions of the Brazilian Patent Statue. On 6 July 2021, the House of Representatives approved the bill with some amendments (see here).

The Bill then returned to the Brazilian Senate where the House of Representatives´ amendments were discussed. On 02 September 2021, the bill was sanctioned with vetoes by Brazilian President Jair Bolsonaro who signed law 14.200/2021. Even though the National Congress has until 3 October 2021 to review the President´s vetoes, the new rules shall apply to all future cases involving a national or international emergency, public interest, or a national public calamity situation.

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