[Ip-health] Report on Brazilian Patent Law Reform - Official Launch Date: October 9, 2013

Baker, Brook b.baker at neu.edu
Wed Sep 25 13:06:39 PDT 2013

The Brazilian Center for Strategic Studies and Debates" has just released the english version of its major report – Brazil's Patent Reform: Innovation Towards National Competitiveness http://infojustice.org/brazilian-patent-reform.  This 363-page report comprehensively addresses the need for patent law reform in Brazil.  The report addresses TRIPS compliance, TRIPS flexibilities, public health, and industrial policy rationales.  Scholars, experts, policy makers, and IP/access to medicines activists will benefit from close study of the Report.  I urge them further to signal their support for these positive changes by signing the academics/experts letter of support (and/or short technical brief) at http://infojustice.org/support-brazil or the civil society support letter at http://infojustice.org/civil-society-statement-brazil-july2013

The Report and the patent reform process will be formally launched in Brasilia on October 9, 2013.  Public officials from India and South Africa will be invited to attend, given that India's approach to patent law policy has deeply informed the Brazilian approach and since the South African government has just issued its own draft IP Policy that proposes many of the same reforms that are being pursued by Brazil.  It is a positive signal to low- and middle-income countries more broadly that Brazil and South Africa join other countries like Uganda, Zambia, Botwana, and Malawi that are also taking proactive steps to incorporate lawful TRIPS compliant flexibilities including stringent standards of patentability, pre- and post-grant opposition procedures, easier-to-use compulsory and government use licenses, and restrictions on data/regulatory monopolies among others.

Even though belated, this growing momentum in Brazil and elsewhere towards taming the excesses of intellectual property and their adverse effects on access to medicines will help countries fulfill their human right to health obligations and ensure patients earlier and more affordable access to life-saving and life-enhancing medicines.

Professor Brook K. Baker
Northeastern U. School of Law
Affiliate, Program on Human Rights and the Global Economy
400 Huntington Ave.
Boston, MA 02115 USA
Honorary Research Fellow, University of KwaZulu Natal, Durban, S. Africa
Senior Policy Analyst Health GAP (Global Access Project)
Alternate NGOs Board Member UNITAID
(w) 617-373-3217
(cell) 617-259-0760
(fax) 617-373-5056
skype: brook_baker
b.baker at neu.edu<mailto:b.baker at neu.edu>

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