[Ip-health] A2K Brasil: In disregard of public interest, USTR keeps Brazil on it’s Watch List of IPRs

Koichi Kameda kokameda at gmail.com
Tue May 3 08:28:49 PDT 2011

In disregard of public interest, USTR keeps Brazil on it’s Watch List of

By Joana Varon


The Office of the United States Trade Representative (USTR) has just
released it’s annual “Special 301 Report”. The report has been instrument
for political pressure from USA regarding their ideal enforcement measures
for protection of intellectual property rights (IPR). The Brazilian
government does not legitimize either the report or the processes it tries
to push forward, once it is done outside the official international fora for
debating IPRs: WIPO (World Intellectual Property Organization) or WTO (World
Trade Organization). Unfortunately, some pressures have been effective,
copyright industry representatives tend to use it’s arguments to entails
unsuccessful piracy campaigns instead of rebuilding business models
according to the possibilities brought by new technologies and thinking
about solving market failures on the actual context. It has also been
mentioned as reference by some Brazilian politicians who are unconscious
about Foreign Relations political guidelines to disconsider it as
appropriate and fair foreign policy instrument and to fight for a
International Intellectual Property Regime that takes into account
exceptions and limitations to IP right concerning different levels of
development and the need for access to knowledge. Nonetheless, even
transpassing questions of sovereignty, USTR keeps mentioning the country.
The latest one bring the mentions bellow:

“Brazil remains on the Watch List. The United States is encouraged by recent
improvements that Brazil made with respect to IPR protection and
enforcement.  Of note was a recent opinion by the Federal Attorney General
that the Brazilian sanitary regulatory agency, ANVISA, does not have
authority to review patentability requirements when analyzing pharmaceutical
patent applications. Instead, the National Industrial Property Institute
(INPI) is the only administrative agency with authority to decide questions
of patentability with respect to patent applications.  Enforcement actions
have increased, under the coordination of the National Council to Combat
Piracy (CNCP), and these increased actions included several major operations
in the beginning of 2011.  The United States encourages Brazil to continue
this work in 2011.  In addition, Brazil took steps to address a backlog of
pending patent applications. However, piracy and counterfeiting persist at
significant levels in Brazil, including book piracy and a reported growth in
piracy over the internet.* *While enforcement efforts improved, including a
larger number of raids and seizures, stronger enforcement at the border and
deterrent level sentences are still needed. The United States urges Brazil
to ensure that any amendments to its copyright law provide strong
protections and establish means to enable efective enforcement against IPR
violations that are commited on the Internet.* *The United States also
encourages Brazil to provide an effective system for protecting against
unfair commercial use, as well as unauthorized disclosure, of undisclosed
test and other data generated to obtain marketing approval for
pharmaceutical products.  The United States looks forward to working with
Brazil on these and other matters, including under the new United
States-Brazil Agreement on Trade and Economic Cooperation.”

The full report is available here <http://www.ustr.gov/webfm_send/2841>.
Questioning such overview of Brazilian policy, Instituto Overmundo, in
partnership with GTPI, has submitted criticisms to the USTR, under the
Special 301 submissions. The read it, please, click here. Knowledge Ecology
International has also published a post,
here,<http://keionline.org/node/1124>evaluating the report in terms of
access to medicines.

Source: USTR<http://www.ustr.gov/about-us/press-office/press-releases/2011/may/ustr-releases-annual-special-301-report-intellectual-p>

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