1. Brazil's Patent Reform Pedro Paranaguá Advisor to the ruling Workers Party Brazilian House of Representatives @PedroParanagua PedroParanagua 3rd Global Congress on IP & Public Interest University of Cape Town, 12 December 2013

2. I. why II. how III. findings IV. what V. individuals VI. future Brazil's Patent Reform

3. I. why Brazil's Patent Reform

4. – disparity – high production of knowledge – low # of patents Brazil's Patent Reform Rep. Newton Lima

5. II. how Brazil's Patent Reform

7. ● 7 public hearings: House of Rep., PTO, Univ. of São Paulo, Univ. Campinas ● 30+ experts: gov., industry, academia, civil society ● extensive research: legislation (Argentina, China, India), gov. & intl. org. reports (UK, US, WHO, WIPO) Brazil's Patent Reform

8. link http://is.gd/LAuHgt

9. III. findings Brazil's Patent Reform

10. ● Brazil hastily approved its patent bill in 1996 ● did not implement TRIPs flexibilities ● prejudicial consequences to innovation + extraordinary increase of prices Brazil's Patent Reform

11. closed 1,096 plants (Min. of Trade & Industry) no development of local production >> USD $10 billion deficit (Min. of Health) ● 70% decrease of TT (Fiocruz) revalidation patents (pipeline) >> losses of USD $529 million related to 5 ARVs (Federal Univ. Rio/Economics) Brazil's Patent Reform

12. IV. what Brazil's Patent Reform

13. ● 1. Patent Reform Bill H.R. 5402/2013 ● 2. Council on IPRs ● 3. Recommendations Brazil's Patent Reform

14. ● a) limit patent term to 20 years ● b) pre-grant opposition ● c) prohibit new forms of known substances + second uses Brazil's Patent Reform

15. ● d) augment the level of the inventive step requirement (to promote follow-on innovation) ● e) undisclosed test data: protected by unfair competition >> rather than data exclusivity ● f) public non-commercial use Brazil's Patent Reform

16. ● g) Anvisa's prior consent ● i) health risks >> based on previously rejected products ● ii) pharma or chemical products of interest to the National Health System (SUS) and that do not comply with the patentability requirements Brazil's Patent Reform

17. V. individuals Brazil's Patent Reform

20. you

22. VI. future Brazil's Patent Reform

24. ● too many variables Brazil's Patent Reform

25. ● new Ministers of Health + Trade & Industry 2014 national presidential election ● Patent Office ● national + intl. industry + TPP... ● civil society Brazil's Patent Reform

27. Dankie ! Thank you! Pedro Paranaguá Advisor to the ruling Workers Party Brazilian House of Representatives LL.M. (London), Doctorate Candidate (Duke) pedro.paranagua@gmail.com @PedroParanagua PedroParanagua