[Ip-health] Event on the Pipeline mechanism that Brazil has adopted in its legislation affirms the system is unconstitutional

[MSF Michel Lotrowska]

This is a multi-part message in MIME format.
--
[ Picked text/plain from multipart/alternative ]
218 patents filed in Brazil would be irregular; "the administrative process
was not complete", said Luis Carlos Wanderley, from the ANVISA's
Coordination of Intellectual Property



Aids Agency News (Ag=EAncia de Not=EDcias da AIDS)

By L=E9o Nogueira



05/07/2007 =96 11h40



In 1996, Brazil changed its intellectual property legislation, and included
in articles 230 and 231 the so-called pipelines patent. According to a text
written by the Brazilian Interdisciplinary Aids Association (ABIA), pipelin=
e
was a "temporary mechanism which was accepting patent claims for
technological fields not patentable until then, even if those claims did no=
t
meet the requirements of novelty." Those interested in obtaining this kind
of patent "had one year, according to the new legislation, to make their
claims in Brazil", said the text.



=93This mechanism has strongly impacted public health because it allowed th=
e
patentability of substances obtained through chemical processes,
pharmaceutical-chemical, any kind of medicines and their manufacturing or
modification processes. Examples of ARVs patented under the pipeline are
lopinavir/ritonavir, amprenavir, abacavir, efavirenz and nelfinavir",
explain ABIA's text. The organization, together with Conectas-Human Rights
and Pro-Bono Institute, organized this wednesday (4th July) a seminar
entitled "Pipeline Patents and Access to Medicines". The meeting was held i=
n
the Funda=E7=E3o Get=FAlio Vargas (FGV) in S=E3o Paulo.



The speakers were unanimous in their criticisms on the pipeline mechanism.
This system only exists in the intellectual property legislation of one
country: Brazil. Dr.Denis Borges Barbosa, professor of the post-graduation
of Law in FGV and also professor at the MBA in intellectual property of
PUC-RJ, classified this kind of patent as a "abusive monster" and
unconstitutional.



=93Pipeline is not consistent with the international law. It is
unconstitutional in any system of the world. It is against the
constitution=85the Brazilian one, the American, the Australian and any othe=
r",
affirms Denis Borges Barbosa. =93The problem is of imbalance. There were so=
me
Ministries completely against and other totally in favour [of the approval
of the legislation which includes the pipelines patent]=94, explained Barbo=
sa.



Denis Borges Barbosa made his presentation together with a representative
from ANVISA, the lawyer Pedro Marcos Barbosa and the professor of
Constitutional Law of FGV Oscar Vilhena (who  is also the Juridical Directo=
r
of the NGO Conectas-Human Rights. The meeting was promoted by ABIA,
Conectas, Pro-Bono Institute and the Brazilian Network for the Integration
of Peoples (Rebrip).





(free translation: Gabriela Costa Chaves)

--