Brazilian Congress maintains Presidential Veto on Compulsory Licensing of Patents

by , | Jul 13, 2022 | Articles, Client Alert, Patents

On Tuesday, July 6, 2022, the Brazilian National Congress analysed Presidential Veto No. 48, which provides for the compulsory license of patents (as per certain provisions of Law No. 14,200 of 2021). The Veto was maintained in its entirety by a majority of votes.

Among the vetoed sections are those which state that:

  • The patent owner must provide the necessary and sufficient information for the reproduction of the object protected by the patent and the other technical aspects applicable to the case in kind, as well as test results and other data necessary for the grant of its registration by the competent authorities.
  • Where there is biological material essential to the practical realization of the subject matter protected by the patent or patent application, the owner must provide such material to the licensee.
  • In the specific case of a public health emergency, the compulsory license of patents or patent applications useful in preventing and combating the causes of the emergency may be granted by law, with the validity being limited to the period during which the emergency is declared.

According to the result of the analysis of Veto nº 48/2021, Law 14,200 – sanctioned on September 2, 2021 – remains in effect with the text as approved on that date (i.e., the text does not include the vetoed provisions listed above).

For more information about the Law currently in force and its provisions or vetoes as analyzed by the National Congress, as well as their respective impacts in Brazil and in other Latin American countries, please contact us.


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