[Ip-health] Questions and Answers about pipeline patents: how do they affect your health?

[Francisco Viegas Neves da Silva]

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Questions and Answers about pipeline patents: how do they affect your healt=
h?


Document launched by ABIA / GTPI / Rebrip shows how pipeline patents affect=
 the Brazilian public health system and intends to raise public awareness a=
bout the ADI/4234

Between 1996 and 1997, 1182 patent applications were filed in Brazil throug=
h the pipeline mechanism. Out of these 1182, about 340 protect essential dr=
ugs, although they did not undergo a technical examination of the patentabi=
lity requirements by the National Institute of Industrial Property of Brazi=
l (INPI). This situation unnecessarily burdens public funds and allows the =
undue extension of the exclusivity of such drugs. Seeking to reverse this s=
ituation, the Brazilian Prosecutor General's Office proposed a direct actio=
n of unconstitutionality (ADI/4234) requiring a declaration of unconstituti=
onality of Articles 230 and 231 of Federal Law No. 9279/96 (Brazilian Indus=
trial Property Law), which established the pipeline patents. This lawsuit w=
as taken in response to a request made in November 2007 by the Brazilian Na=
tional Federation of Pharmacists (Fenafar) and the Brazilian Network for th=
e Integration Peoples (Rebrip).




Brazilian Interdisciplinary AIDS Association  (ABIA), along with Doctors Wi=
thout Borders (MSF), National Federation of Pharmacists (FENAFAR), Institut=
o Brasileiro de Defesa do Consumidor (IDEC), Grupo de Incentivo =E0 Vida (G=
IV), Grupo de Apoio =E0 Preven=E7=E3o da Aids no Estado do Rio Grande do Su=
l (GAPA-RS), Conectas Direitos Humanos and Grupo de Apoio =E0 Preven=E7=E3o=
 de AIDS no Estado de S=E3o Paulo (GAPA-SP) requested a third party member =
admission (amicus curiae) in the direct action reiterating the unconstituti=
onality of the pipeline. It was stressed that if the patents fall into publ=
ic domain, Brazil can produce or buy cheaper generic versions of these medi=
cations.


Unfortunately, so far, no date has been set for the trial of the action in =
the Supreme Court (STF). In order to expedite the process and raise awarene=
ss about the impact of pipeline to public health, the Working Group on Inte=
llectual Property (GTPI/Rebrip) launched the publication "Questions and Ans=
wers on pipeline patents: how  do they affect your health?".


The document, available in English and Portuguese, presents information abo=
ut the pipeline mechanism, innovation and reveals the practical effects of =
pipeline in the Brazilian National Health System. It also shows why pipelin=
e patents are unconstitutional and what you can do about it, among other im=
portant information. A list of the patented drugs via pipeline can be found=
 at www.abiaids.org.br/_img/media/ID_pipeline.xls. Medications  included in=
 the mentioned list are used for treatment of HIV, Alzheimer's disease, sch=
izophrenia, among others.


The english version of the publication is available at ABIA's website (http=
://www.abiaids.org.br/_img/media/QuestAnswers_PIPELINE_INGLES.pdf), or trou=
gh contact by e-mail abia@abiaids.org.br or phone +55 (21) 2223-1040.



Francisco Viegas Neves da Silva

Lawyer and Project Assistant

Brazilian Interdisciplinary AIDS Association (ABIA)

Working Group on Intellectual Property (GTPI/REBRIP)

Phone +55 21 2223-1040  fax +55 21 2253-8495
francisco@abiaids.org.br

skype: chico_neves
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