[Ip-health] hearing on a law against patent of second use at Brazilian Parliament

[MSF Michel Lotrowska]

Hi All

Currently, Brazil is full of law projects willing to strengthen or to softe=
r
patent protection in Brazil. A hearing on polymorph patenting took place a
week ago, and now a hearing on second-use took place, both related to
different law proposals. It is clear from these hearings that Industry and
the Patent office want the country to follow what rich countries are doing
in terms of patenting, and there are very little discussions on impact on
access to medicine and on IGWG output. Arguments on innovation and patents
for diseases affecting developing countries are also totally unknown and
everybody still believes that patents will help very much to develop drugs
for neglected diseases. The IP working group composed made a documents on
the patenting of second-use and distributed it around during the hearing.
Although the DRA prior Consent is in favor of less stringent patenting
rules, it seems to be a minority together with the Ministry of Health.

Here is what came out of the website of the parliamentary who requested the
hearing.


Michel Lotrowska

***********************
For the Parliamentary Rita Camata, the public hearing did not exhaust the
debate about patent

3/7/2008 - 17h15

For the parliamentary Rita Camata (PMDB/ES) public health should be
considered as a priority in the discussion on medicines=92 patents. "If we
want to discuss amendments for the law, we have to understand that it is no=
t
only an industrial matter, but also a public health issue ", affirmed.

The parliamentary is the rapporteur of the Bill 2.511/2007 which amends the
Patent Act in the Commission of Social Security and Family. After she did
the requirement, it was held this Thursday (02/07) the public hearing in th=
e
Congressmen Chamber, to discuss the Bill in order to provide further
information to the report. The Bill prohibits the granting of patents in
cases of a new therapeutic indication of a medicine already patented.
However, according to her press officer, the debate was not exhausted and i=
t
should have more discussion after July.

Patent claim for a second use of medicine became a common practice as a way
to extend the original patent.

The following representatives attended the hearing: INPI=92s president Jorg=
e
de Paula =C1vila; the Anvisa=92s coordiantor of intellectual property Luiz
Carlos Wanderley Lima; the representative of the NGO Medecins Sans
Fronti=E8res Michel Latrowska; the director of the Pro-Generics Odonir Fino=
tti
and the representative of Interfarma, Jorge Raimundo Filho.

The INPI=92s president, which is responsible for the granting of patents, s=
aid
that their role is to meet what is established in the act. Anvisa=92s
representative did not agree with the granting of a second patent for the
same product, after expiring the term of the first patent, because he
considered that this is not an innovation.

The representative of the NGO Medecins Sans Fronti=E8res highlighted that t=
he
granting of a patent for new uses for a known product violates de social
interest of population to have access to medicines.
In the end of the meeting, the parliamentary Rita Camata affirmed that the
debate did not exhausted and there was the need for further discussion abou=
t
this issue.

source: RitaCamata.com.br
free translation