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Future directions for IP reform in Brazil

Sao Paulo • 9 - 10 November 2022

With a new government, Brazil’s intellectual property policy framework faces an uncertain future. But for the country to realise its economic ambitions, it must redouble efforts to modernise this policy area to compete effectively in the global knowledge economy.

In collaboration with local think tank partner, Centro Mackenzie de Liberdade Econômica, Geneva Network hosted a panel discussion to present to IP leaders and scholars options and potential for future IP reform. The panel was part of the 6th Mackenzie Forum on Economic Freedom, a major national gathering of Brazilian market liberal thinkers and policymakers.

Stephen Ezell of the Information Technology and Innovation Foundation made the case for faster IP reform in Brazil, pointing out the patent examination backlogs which still lag regional best practice.

Dr. Marcia Rujner Guimarães from the Escola Superior de Propaganda e Marketing argued for major reforms of INPI to address the patent pendency problem, and for efforts to promote greater awareness amongst SMEs of the importance of IP protection and a properly functioning system.

Ana Carolina Cagnoni (INTERFARMA) stressed the importance of IP protection to the pharmaceutical industry, yet raised concerns as to whether the next government will be as committed to IP reform as the previous.

Dr. Vicente Bagnoli, professor of Competition Law at Mackenzie Presbyterian University pointed to increased interest by the Brazilian authorities in the nexus between competition issues and intellectual property law, in particular the alleged use of IP for anti-competitive purposes. This is likely to be an area of increased policy focus, he said.

Side meetings

Stephen Ezell (ITIF) and Prof Vladimir Maciel (Mackenzie Centre for Economic Freedom)
conducted a series of one-on-one meetings with Sao Paulo IP stakeholders.

  • Gabriel Leonardos, President ABPI
  • Marcelo Crespo, Coordenador do curso de graduação Direito ESPM
  • INPI officials
  • José Eduardo Cardoso, Brazilian lawyer, politician and former Attorney General of Brazil

This new Geneva Network briefing paper makes the case for legislative reforms including Patent Term Adjustment. It also presents new data showing the examination backlog for technologies including pharmaceuticals is still causing significant damage to patent life.

Read more…

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