[Ip-health] Brazilian Supreme Court refuses to judge its biggest case on IP and health

marcela vieira marcelacfvieira at gmail.com
Fri Sep 14 03:40:51 PDT 2018

Dear colleagues,
I'd like to share with you some news about a very important case ongoing at
the Brazilian Supreme Court about IP and health.
It is known as "the pipeline case", a mechanism that allowed for the
revalidation in Brazil of patents originally granted in other countries,
covering areas which were excluded from patentability in the country prior
to TRIPS. Over 800 patents were granted, most in the pharmaceutical sector,
harming the economical and technological development of the country, as
well as the right to health and access to medicines. Billions of dollars
were unduly paid by the public health system and out-of-the-pocket
purchases of hundreds of medicines in Brazil.
The judgment of the case was scheduled for last September 6, but it was
cancelled without any explanation in the eve, after the President of the
Supreme Court met with the association which represents the multinational
pharmaceutical companies in Brazil.
We believe that the judgment of the case would not only represent a
historic moment to correct one of the greatest legislative errors in the
recent history of Brazil, but could also set the bases about abuses of the
intellectual property system, which could avoid the adoption of new harmful
policies currently being discussed in the country.
Please find bellow an article published by IPWatch with more information
about the case.
My best regards,

---------- Forwarded message ---------
From: Intellectual Property Watch <noreply at ip-watch.ch>
Date: qui, 13 de set de 2018 às 16:04
Subject: Latest stories from Intellectual Property Watch for Thursday,
September 13, 2018
To: Marcela <marcelacfvieira at gmail.com>

Intellectual Property Watch Daily Summary
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Intellectual Property Watch Daily Summary for Thursday, September 13, 2018
Inside Views: Brazilian Supreme Court Refuses To Judge Its Biggest Case On
IP And Access To Medicines, And Benefits Big Pharma With Undue Monopolies
The Brazilian Supreme Court (STF) has mysteriously cancelled the judgment
of the most important case regarding intellectual property and health ever
to be decided by the court. On 28 June, the date of the judgment was set
for 6 September. The cancellation occurred on the eve of the judgment,
something very rare in the practice of the Court. The lack of decision on
the case only benefits the transnational companies awarded with hundreds of
undue monopolies. Just a few days before, the President of the STF - Judge
Carmem Lucia - had a meeting with Interfarma, the association of
multinational pharmaceutical companies in Brazil.
Read on »

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