On July 5, 2022, the Brazilian National Congress maintained Veto No. 48/2021 for specific provisions of Law No. 14,200/21, which amends Law No. 9,279/96 (Brazilian Industrial Property Law) regarding the compulsory licensing of patents in cases of emergency.

Last year, President Jair Bolsonaro vetoed some proposals of Bill 12/2021, such as the provision that would oblige the patent owner to provide the necessary information for the effective reproduction of the object protected by the patent application or patent, as well as to provide the biological material essential for the practical realization of the object to the licensee.

Considering the maintenance of the vetoes, Law 14,200/21 remains unchanged and in effect.

It should be noted that compulsory licenses will continue to be made on a case-by-case basis, upon payment of compensation to the patent owner. In addition, compulsory licensing will only be established if the patent owner is unable to meet the emergency needs or refuses to do so.

To access the Industrial Property Law (in Portuguese), click here

 

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