Message from the Working Group on Intellectual Property of the Brazilian Network for the Integration of Peoples (GTPI/Rebrip, in Portuguese):
Interministerial Group on Intellectual Property’s (GIPI, acronym in Portuguese) decision on the revision of guidelines for the examination of pharmaceutical patents of the National Intellectual Property Institute (INPI, acronym in Portuguese)
The Working Group on Intellectual Property of the Brazilian Network for the Integration of Peoples (GTPI/Rebrip) has been following and acting, since 2007, on the revision of the guidelines for pharmaceutical patents proposed by the National Intellectual Property Institute (INPI). Several opinion and position papers, letters, as well as participation in public hearings, were made by the group, in reference to how INPI has led this revision process, as well as in reference to patenting polymorphic versions and therapeutic second use. This strategic revision process is extremely important for public health and for the technological development of the country, justifying the change in scenario, going from backstage talks under the authority of the INPI and in an isolated manner, to a scenario of greater plurality, with representations of Ministries which are involved.
Therefore, it is with great satisfaction that we become aware of the decision made by the Interministerial Group on Intellectual Property (GIPI) organ responsible for the harmonization of the Executive branch’s positions in regards to intellectual property in rejecting the possibility of extending patent protection to new uses of medicines, polymorphic forms and other possibilities of broadening this scope.
Aware of the topic’s relevance, GTPI has mobilized itself in order to broaden society’s participation, to contribute critically to decision making processes, and, fundamentally, to plead for a governmental decision which considers public health as a priority and not the extension holders’ monopoly over technologies. For this reason, in the end of 2008, GTPI launched the Health in the Net campaign (www.saudeemrede.org.br), stimulating the population to send GIPI messages, requesting the non-extension of rules for pharmaceutical patents.
The decision made by GIPI demonstrates an important step in the search for the desired coherence between the national and international agendas of the current government in regards to intellectual property. It would be a paradox to maintain the proactive Brazilian agenda in the World Health Organization and the World Intellectual Property Organization, and to face the retreat brought by the possibility of patenting products and processes which do not present real technical innovations. The Brazilian denial in regards to broadening the rules will, most definitely, bring positive influences to other developing countries, which will find in this decision the support they need in order to not give into pressure made by industrial sectors interested in broadening these rules.
Message from the Working Group on Intellectual Property of the Brazilian Network for the Integration of Peoples (GTPI/Rebrip, in Portuguese):
Interministerial Group on Intellectual Property’s (GIPI, acronym in Portuguese) decision on the revision of guidelines for the examination of pharmaceutical patents of the National Intellectual Property Institute (INPI, acronym in Portuguese)
The Working Group on Intellectual Property of the Brazilian Network for the Integration of Peoples (GTPI/Rebrip) has been following and acting, since 2007, on the revision of the guidelines for pharmaceutical patents proposed by the National Intellectual Property Institute (INPI). Several opinion and position papers, letters, as well as participation in public hearings, were made by the group, in reference to how INPI has led this revision process, as well as in reference to patenting polymorphic versions and therapeutic second use. This strategic revision process is extremely important for public health and for the technological development of the country, justifying the change in scenario, going from backstage talks under the authority of the INPI and in an isolated manner, to a scenario of greater plurality, with representations of Ministries which are involved.
Therefore, it is with great satisfaction that we become aware of the decision made by the Interministerial Group on Intellectual Property (GIPI) organ responsible for the harmonization of the Executive branch’s positions in regards to intellectual property in rejecting the possibility of extending patent protection to new uses of medicines, polymorphic forms and other possibilities of broadening this scope.
Aware of the topic’s relevance, GTPI has mobilized itself in order to broaden society’s participation, to contribute critically to decision making processes, and, fundamentally, to plead for a governmental decision which considers public health as a priority and not the extension holders’ monopoly over technologies. For this reason, in the end of 2008, GTPI launched the Health in the Net campaign (www.saudeemrede.org.br), stimulating the population to send GIPI messages, requesting the non-extension of rules for pharmaceutical patents.
The decision made by GIPI demonstrates an important step in the search for the desired coherence between the national and international agendas of the current government in regards to intellectual property. It would be a paradox to maintain the proactive Brazilian agenda in the World Health Organization and the World Intellectual Property Organization, and to face the retreat brought by the possibility of patenting products and processes which do not present real technical innovations. The Brazilian denial in regards to broadening the rules will, most definitely, bring positive influences to other developing countries, which will find in this decision the support they need in order to not give into pressure made by industrial sectors interested in broadening these rules.
GIPI will continue to monitor and attempt to influence the State’s decisions in relation to public health and intellectual property, in order to defend the interests of the users of the Unified Health System; a group of people who continues to be a priority in our agenda. The intellectual property rights must not become an obstacle in the access to medicines or for policies which guarantee the protection of public health. The intellectual property rights must guarantee a balance between the economic and social well-being, and not oppose to the Brazilians’ right to life.