A vote to change a single paragraph of Brazil’s industrial property law could pose a significant threat to innovation in the country. Earlier in April, Supreme Court Justice Dias Toffoli suspended a rule allowing increases to the terms of medical patents, a decision that takes Brazil one step closer to imposing limits on legal protections for drugs and health processes. While potentially beneficial to manufacturers of generic medicines, the move represents a blow for those seeking to invest in new technology in Brazil.
Brazil’s industrial patent law states that all patents should have a duration of ten years. However, in cases where the National Industrial Property Institute (INPI) fails to analyze requests within the space of ten years, patents may be extended indefinitely. Justice Toffoli’s decision would cap medical patent...
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