Newsletter
June 1, 2012
- Kasznar Leonardos
Newsletter 2012.03 – The debate over ANVISA’s role in the examination of pharmaceutical patent applications continues
As you may be aware, due to article 229-C of the Brazilian IP Law, as amended by Law No. 10,196/01, whenever a patent application claims a pharmaceutical product or process, consent from the National Sanitary Surveillance Agency (ANVISA) is also required prior to granting the desired patent. This provision, however, has been the source of never-ending controversy and subject to growing attacks since it entered into effect in 2001.
The lack of statutory power of ANVISA to analyse patentability requirements of pharma applications was supported by the Attorney-General’s Office in legal opinions published in 2009 and 2011. Indeed, in their opinion, ANVISA should only make health-based assessments of applications sent for prior consent; prior consent should only be denied to applications in instances that granting the patents would pose health risks. How ANVISA would assess “health risks” on the basis of the information included in patent applications was left unanswered though.
Last related news
February 4, 2025
BPTO Launches Groundbreaking Study on IP Finance in Brazil
The Brazilian Patent and Trademark Office (BPTO) has released a groundbreaking study on IP Finance in Brazil, exploring the potential of intellectual … BPTO Launches Groundbreaking Study on IP Finance in Brazil
January 28, 2025
International Data Protection Day: Brazilian scenario characterized by Authority’s leading and the rise of lawsuits
On January 28th, we celebrate International Data Protection Day, a significant occasion to reflect on regulatory progress and the challenges faced in the … International Data Protection Day: Brazilian scenario characterized by Authority’s leading and the rise of lawsuits
January 13, 2025
Changes in Meta’s Content Moderation Policies: Repercussions in Brazil
Last Tuesday (January 7th, 2025), Mark Zuckerberg, CEO of Meta, announced on his Instagram profile a change in the content moderation policies … Changes in Meta’s Content Moderation Policies: Repercussions in Brazil