Laws and Regulations under TRIPS Art. 63.2 - View details of the document

Law 14.195, dated 26th August 2021, which amends several laws and regulations in order to promote the ease of doing business within the territory of Brazil.
Said text was proposed by the Government, first as a Provisional Act (a Decree by the President that enters into force immediately but needs to pass a vote in Parliament within 60 days lest it is considered rejected) and then, once it was aproved by the Legislative branch, as a Law. This piece of legislation amended a series of commercial laws and regulations with a view to improving the ease of doing business in Brazil. Among those amendments, the Law has rescinded two provisions of the main IP Law (9.279/1996): (i) the sole paragraph relating to Article 40, which guaranteed a post-grant minimum period for patents (10 years) and for utility models (7 years) and had to be scrapped due to a Supreme Court Decision (ADIN 5529); and (ii) Article 229-C (which in turn had been added by Law 10.196/2001, already notified), which established a need that any patent relating to pharmaceutical inventions be pre-authorised by Brazil's Sanitary Agency (Anvisa).
Link to the text:
Divisão de Propriedade Intelectual - Subsecretaria de Inovação e Transformação Digital +55 (61) 2027-7575 Ministério da Economia