Brazil’s Senate passed law allowing suspension of vaccine patents during health emergencies

RIO DE JANEIRO, BRAZIL – The Brazilian Senate on Wednesday (11) passed a bill allowing the government to temporarily suspend vaccine and drug patents during health emergencies, such as the current coronavirus pandemic.

The bill amending the Industrial Property Law sets the rules for the government to suspend patents or patent applications for vaccines or medicines in the event of a declaration of national or international emergency, “without prejudice to the rights of the holder, provided that it fails to cover demand.”

“Brazil is in a position to produce vaccines and medicines without having to depend on other countries. This is crucial. We will work on prevention, acting in advance with the aim of taking measures to avert damage and promote health,” said the bill’s proponent senator Paulo Paim.

To this end, the government will be required to draw up a list of “patents or patent applications” for products that may be potentially useful in tackling the current emergency situation.

This list will be drawn up after consultation with public bodies, educational institutions, research centers and the productive sectors involved.

Once the list is made public, the government will have 30 days, extendable for the same period, to assess the items and decide whether to temporarily suspend patents for their exploitation.

The measure will not apply to patents that are subject to production technology transfer agreements or when the holder is voluntarily “able to ensure compliance with domestic demand.”

“The main goal is to streamline the process of granting compulsory licenses in public health emergencies declared by law or decree, as in the case of the current coronavirus pandemic,” said the bill’s rapporteur senator Nelson Trad Filho.

“Procedural rules and deadlines compatible with the urgency of the situation are established, thereby determining the government’s power and duty to act when faced with the declaration of an emergency of national interest,” he added.

With over 565,000 deaths and 20.2 million cases, Brazil is the most affected Latin American country by the Covid-19 pandemic, the second in the world with the most deaths and the third with the most positive cases, after the United States and India.