[Ip-health] Brazilian civil society oppose divisional patent of an AIDS medicine

[francisco@abiaids.org.br]

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Brazilian civil society oppose divisional patent of an AIDS
medicine
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GTPI/Rebrip’s Working Group on Intellectual Property opposes tenofovi=
r
patent application in Brazil
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November 11th, 2009 - The Working Group on Intellectual Property
from the Brazilian Network for the Integration of Peoples (GTPI/Rebrip) fil=
ed an opposition of a new patent application
for tenofovir (Viread =AE – Gilead) in the National Institute of Indu=
strial
Property (INPI in Portuguese). The group had already challenged the patent =
application
for this medicine in 2006.
The patent opposition (in Brazil, known as ‘support to examination&rs=
quo;) allows
interested third parties to present arguments to contest the validity of a =
patent
application.
Civil society groups
consider patent oppositions an important way to influence and avoid the gra=
nting of
improper patents and consequently the monopoly which affects the access to =
essential
medicines for patients in Brazil.
There is an estimate
that 600 thousand people living with HIV in Brazil. Currently, 190 thousand=
 are
symptomatic and need antiretroviral treatment (ARVs). Out of 190 thousand, =
about 37
thousand used tenofovir as a component of their treatment until the end of =
2008.

Currently, this
medicine is part of the first line therapy recommended by the STD/AIDS and =
Viral
Hepatitis department of the Ministry of Health, which will increase its [Te=
nofovir]
consumption in a short period of time. Besides, recently the government ann=
ounced the
use of Tenofovir in treating Hepatitis B. In 2007, Tenofovir alone took up =
14,94% (or
about US$52,62 million) from the Brazilian public budget for purchasing ARV=
s.=A0

In 2009, INPI did not
grant the TDF patent, taking into account arguments presented by civil soci=
ety groups
and the Brazilian public manufacturer Farmanguinhos. In July, Gilead filed =
a divisional
patent application, even with the original patent being rejected.
Arguments used by
groups to contest this divisional application are based on the unconformity=
 of the
application with the Industrial Property Law (# 9.279/96), such as the incl=
usion of new
claims of use, and because it does not fulfill the novelty requirement.

Although divisional
applications are allowed by the Law, this mechanism is being used by compan=
ies as a
strategy to extend the patent protection and the monopoly of essential medi=
cines.
Therefore, even though the original patent had been rejected, Gilead filed =
the
divisional application, which keeps in the Patent Office. This tactic gener=
ates a
right’s expectation, since it is a maneuver for the extension of the =
monopoly over
a medicine and to keep generic competitors away.
Brazilian civil
society is very concerned with the abuses of the patent system and how it i=
mpacts the
sustainability of access to medicines policies.
GTPI/Rebrip organizations signing
the opposition are: Associa=E7=E3o
Brasileira Interdisciplinar de AIDS (ABIA); Conectas Direitos Humanos; Grup=
o De Apoio =C0 Preven=E7=E3o =C0 Aids (GAPA
SP); Grupo De Apoio =C0
Preven=E7=E3o Da Aids Do Rio Grande Do Sul (GAPA/RS); Gestos Soropositivida=
de Comunica=E7=E3o e
G=EAnero; Grupo De Incentivo
=C0 Vida (GIV); Instituto
Brasileiro De Defesa Do Consumidor (IDEC); Federa=E7=E3o Nacional Dos Farma=
c=EAuticos
(FENAFAR) and Rede Nacional De Pessoas
Vivendo Com HIV/AIDS N=FAcleo S=E3o Luiz
(RNP+/SLS).
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For moreinformation,
contact Claudio Oliveira at: (+55)(21) 22231040.
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Francisco Viegas
Neves da Silva
Lawyer and Project
Assistant
Brazilian
Interdisciplinary AIDS Association (ABIA)
Working Group on
Intellectual Property (GTPI/REBRIP)
francisco@abiaids.org.br
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