March, 30th 17h (CET)

ABIA and FGV / Rio hold webinar to debate legal institute that has negative consequences for the right to health and affects Brazil's response to Covid-19.

The Brazilian Supreme Court judges will trial the legal provision that hinders the Brazilian response to Covid-19 and causes enormous damage to SUS, by undermining access to medicines policies. This will be the topic of the webinar that will take place Tuesday (30th March), at 17h (CET), with transmission through YouTube. The webinar is organized by the Brazilian Interdisciplinary AIDS Association (ABIA) / Intellectual Property Working Group (GTPI) and by the Law School of the Getúlio Vargas Foundation of Rio de Janeiro (FGV-Rio).




The sole paragraph of Article 40 of the Brazilian Patent Law (Law 9.279 / 94) is considered by legal experts and activists as a legal aberration and is the target of Direct Action of Unconstitutionality 5529, which will be judged by the Federal Supreme Court on April 7th.

The theme will be "Extending the validity of patents and violation of the right to health: international perspectives of ADI 5529". There will be presentations by the India's Supreme Court Senior Advocate and former UN special rapporteur on the Right to Health, Anand Grover; the professor of law at University of São Paulo and specialist in competition law, Calixto Salomão; and the moderation of the lawyer and researcher at the Graduate Institute, in Geneva, Marcela Vieira.

Scheduled for May 26, the trial in the STF was antecipated to April 7 by request of the Attorney General, Augusto Aras, due to the impacts of ADI 5529 in the Covid-19 pandemic.

The invited experts will present studies and analysis of article 40 of Law 9.279 / 94 from the perspective of international law and its impacts on guaranteeing the right to health in Brazil.

The webinar is can be attended by activists, legal experts and anyone interested in understanding the relevance of the declaration of unconstitutionality of this harmful device to health.

Meet the participants


Anand Groover is a Senior Advocate at the Supreme Court in India, know for legal activism in indian law relating to HIV/Ais and homosexuality. Along with his wife Indira Jaising, he is a founder-member of the Lawyers Collective. He was the United Nations Special Rapporteur on the right to health from August 2008 to July 2014. He is currently and acting member of the Global Commission on Drug Policy. Dr. Anand Grover led the Lawyers Collective court case against Novartis regarding an interpretation of Agreement on Trade-Related Aspects of Intellectual Property Rights which would determine the patent status of antiretroviral drugs in India. The result of the case was that the Lawyers Collective prevailed and certain drugs became ineligible for patenting, thus keeping the price of the medications in line with generic medication costs. Grover is a member of the UNAIDS Reference Group on HIV and Human Rights and a Special Rapporteur in the United Nations Human Rights Council. His duty in this position is to promote the right to physical and mental health.


Professor Calixto Salomão Filho graduated in Law from the Largo São Francisco Law School in 1988. He holds a PhD from the Universita degli Studi La Sapienza in the area of commercial law. He pursued post-doctoral studies at Yale University, USA, and at the Max Planck Institute, Germany. Since 1997 he has been a professor at the School of Law of University of São Paulo, teaching commercial and competition law. He also taught at SCIENCES PO, in Paris. He was a member of the Congregation and coordinator of International Exchange Agreements at the University of São Paulo Law School. He integrated the Council of the Department of Commercial Law, the Technical Administrative Council and became Head of the Department of Commercial Law. In an effort to insert empirical academic research at the School, he created the study group "Law and Poverty", whose objective is to study the historical evolution of poverty in Brazil and the legal and economic structures that influenced it. He is the author of several works on commercial and competition law, among which stand out The Single Person Company, The New Corporate Law, in addition to co-authorship with Fábio Konder Comparato, in the work O Poder de Controle na Sociedade Anônima.


Marcela Vieira is Project Coordinator of the Knowledge Network for Innovation and Access to Medicines, a project of the Global Health Centre, Graduate Institute of International and Development Studies, Geneva. She has a background in Law and Social Sciences, specialization in Intellectual Property Law and New Technologies of Information and holds a masters degree in Public Health from the Universidade de Sao Paulo (Brazil), obtained with a dissertation about alternatives models of innovation for health technologies. Prior to joining the Global Health Centre, she was coordinator of the Brazilian civil society Working Group on Intellectual Property (GTPI) and legal consultant and researcher at accessIBSA: Innovation & Access to Medicines in India, Brazil and South Africa, a project conducted in partnership with the National School of Public Health/Fiocruz in Brazil. She has been working on access to medicines and intellectual property issues since 2005, in close collaboration with several civil society organizations, mostly from developing countries. She has also consulted for a number of international organizations in the field.