Minutes - TRIPS Council - View details of the intervention/statement

H.E. Ambassador Lundeg Purevsuren
13 INTELLECTUAL PROPERTY AND INNOVATION: PUBLIC-PRIVATE COLLABORATIONS IN INNOVATION – IP COMMERCIALIZATION

559.   Brazil thanks the proponents for their communication on public-private collaborations in innovation and IP commercialization. We are very pleased to deliver this intervention, because in the following day we celebrate Brazil's Innovation Day. The date was chosen because, on 19 October 1901, the Brazilian airman Santos Dumont encircled the Eiffel Tower in his airship. 560.   Effective commercialization of R&D produced in universities is fundamental to the development of an ecosystem conducive to innovation. Brazil's Innovation Act, launched in December 2004, was amended in 2016 to include "academic spin-offs" as a legal entity. In Brazil, they are known as Scientific, Technological and Innovation Institutions (ICTs). The Innovation Act also created the Technology Transfer Offices (TTOs), a structure established by one or more ICTs, whose purpose is to create innovation policies guided towards the generation of innovation and technology licencing. The goal is to transform knowledge in tangible assets, protected by intellectual property, to be incorporated into production processes or products. 561.   Brazil's innovation policy also relies on incubators, science and technology parks and accelerators. Start-Up Brazil, the Brazilian Start-up Acceleration Program, is an initiative of the Ministry of Science, Technology and Innovation (MCTI) in partnership with private accelerators. The Program, created in October 2012, aims to select and support technology-based start-ups. 562.   Another feature of Brazil's public-private initiative for commercialization of innovation is the implementation of open laboratories. In 2010, the first Fab Lab was established in Brazil, which propelled the emergence of different private open labs based on the provision of services for innovation. This infrastructure has spread rapidly, with a wide variety of its types installed in schools, enterprises, and other institutions. 563.   Brazil also sees public procurement as an instrument of incentivizing and spreading innovation. According to Article 20 of the Innovation Act, Public administration bodies and entities, may directly contract ICTs, non-profit private law entities or companies for the realization of research, development and innovation activities that involve technological risk, to solve a specific technical problem or to obtain an innovative product, service or process. 564.   Another very important institution is the National Fund for Scientific and Technological Development (FNDCT). From 1967 to 2017, the Fund sponsored more than 30,000 projects including hydrogen-fuelled buses for public transportation, the Santos Dumont supercomputer, the Brazilian Geostationary Defence and Strategic Communications Satellite and the Exoskeleton, which was demonstrated during the World Cup in Brazil. 565.   Since 2008, Business Mobilization for Innovation (MEI) has brought together the main business leaders in Brazil to stimulate and streamline policies for competitiveness and innovation in the country in a dialogue between private sector, public sector and academia. Examples of companies participating in this initiative are Natura, Suzano and Whirlpool. 566.   Referring to SME's, the "Brazilian Micro and Small Business Support Service" assists small businesses with solutions to boost innovation, including support in intellectual property matters and adaptation to technical standards. 567.   For the future, Brazil is in the process to enact legislation that simplifies the direct funding of enterprises for research in public universities. The expectation is to lead university research to market-oriented purposes and facilitate partnerships between the private sector and academia. 568.   While thanking the proponents for this important topic, and considering our future work in the TRIPS Council, we would like to shed some light in another feature of licensing technologies, which are patent law provisions that contribute for them to be effective. One of them is sufficiency of disclosure. 569.   Brazil finds that sufficient disclosure requirements in the patent registration stage is of fundamental importance. A patent request should be accurate enough to enable the reproduction by a person skilled in the art without further need of consultations with the patent previous owner. Brazil believes that Members could also explore this theme further under the agenda item "IP and Innovation".

The Council took note of the statements made under this item.
65.   The Chair said that the item had been put on the agenda at the request of Australia; Canada; Chile; the European Union; Hong Kong, China; Japan; Singapore; Switzerland; the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu; and the United States of America. Since the circulation of the revised draft agenda, this item had also been co-sponsored by Korea. These delegations had also submitted a communication on this topic, circulated in document IP/C/W/657 and Add.1, in order to allow Members to prepare for the present discussion. He invited the co-sponsors to introduce the item.
66.   The representatives of Switzerland; the United States of America; Chinese Taipei; the European Union; Japan; Australia; Hong Kong, China; Singapore; Canada; Korea; China; Brazil; Costa Rica; Norway; South Africa; and Ukraine took the floor.
67.   The Council took note of the statements made under this item.
IP/C/M/93, IP/C/M/93/Add.1