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IP challenges in Brazil


Otto Licks

2011 was a challenging year for intellectual property (IP) in Brazil, with entrenched anti-IP local interests pitted against the establishment of a contemporary IP-based innovation society.

Important decisions were rendered by national courts on various subjects. In 2011 the first landmark decision recognising and enforcing data-package exclusivity protection for the pharmaceutical industry, limited to a 10-year term for new chemical entities, was made.

Additionally, the discussion about ANVISA’s (the Brazilian Food and Drug Administration) statutory authority to review patentability requirements reached a new, pro-inventor position.


Brazil, BPTO, ANVISA, Schering, Zynga, Germed


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