Update on Constitutional Challenge Regarding Term of Patent Protection in Brazil

by | Apr 9, 2021 | Articles, Intellectual Property, Legal & IP Strategy, Litigation, Patents

On Wednesday, the Brazilian Supreme Court postponed its hearing on a constitutional case that challenges the legal provision that establishes a minimum period of patent protection of 10 years counted from the date of grant.

The Reporting Justice, however, decided to partially grant preliminary injunctive relief only in connection to pharmaceutical and medical applications; this preliminary injunction now prevents the Brazilian PTO from applying the challenged provision when it comes to granting pending applications related to the pharmaceutical and medical industries.

The decision expressly mentions that this injunction is not to be applied retroactively, citing the statute governing constitutional challenges. The injunction is expected to be in force until the Supreme Court has an opportunity to analyze the merits of this case, which might occur on April 14th or on a later date.

The Reporting Justice also indicated that he understands the challenged provision violates the Federal Constitution. The opinions from the other ten Justices are not yet known.

Thanks to RICARDO NUNES (Daniel Law), a Vice Chair of IPO’s Latin America Practice Committee, for submitting this update on behalf of the Committee.


Published on IPO. Read it here.

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