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Brazil: no patent extension for medicines


The Fourth Chamber of the STJ unanimously upheld the appeal brought by the Brazilian Insituto Nacional da Propiedade Industrial (INPI) regarding the dismissal to extend three pharmaceutical patents.

While this decision appears to have taken place back in December, it has recently been published by the Brazilian Superior Court (STJ). The decision goes in line with previous ones and confirms the understanding of the pipeline system used by the patent system in Brazil i.e. term of the patent is to be count from the first application abroad even in circumstances in which such application was abandoned or extended in another country. We may recall that Brazil did not grant patent protection to pharmaceutical and agricultural products BUT because of its commitments as part of the TRIPS agreement, there was the need to accommodate the national system.

The drugs:
1. - drug used for cardiovascular disorders; active ingredient sildenafil citrate. Patent to expire on 09/07/2011, extension sought until 02/07/2012.
2. - drug used as a veterinary anti-parasitic; active ingredient selamectin. Patent to expire on 18/01/2013; extension sought until 12/01/2014.
3.-drug for migraine; active ingredient bromide eletriptan. Patent to expire on 15/10/2010; extension sought until 13/08/2013.

Source INPI.

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