[Médecins Sans Frontières, Link] Treatment for hepatitis C using the key drug sofosbuvir could be vastly scaled up in Brazil after the decision by the National Agency of Health Surveillance (Anvisa) to reject a key patent application on the drug marketed by pharmaceutical corporation Gilead. The decision could pave the way to enable generic competition in Brazil, which should lead to price reductions, making it more affordable to scale up treatment.
[Cross posted from IP-Watch, Link (CC-BY-NC-SA] The supposedly impossible happened: The Marrakesh Treaty entered into force on 30 September, three months after reaching the necessary minimum of 20 ratifications. By then, 22 countries had done so – two more did so during the Marrakesh Assembly. It is the first Treaty to recognize beyond any shadow of doubt that the limitations are essential parts of the copyright system, necessary to its balance and even survival, and, as put by WIPO Director General Francis Gurry, the Marrakesh Treaty “can now begin boosting the number of specially adapted texts for the benefit of blind and otherwise print-disabled people around the world.”
Around the world, antipiracy NGOs train police to recognize the unauthorized use of music and films and to publicly destroy illicit CDs and DVDs. For those who enforce laws governing intellectual property (IP), music and film piracy underscores how digital reproduction can be conceived of as forgetful, inconstant, and promiscuous.
Mariana Giorgetti Valente and Jonas Coelho Marchezan
Internet Lab, Link (CC-BY)
Last Monday, February 15, the Brazilian Ministry of Culture launched a new public consultation (PT) about copyright. This time, the intention is to promote a discussion about the Regulatory Instruction (PT) that aims to regulate the collection and distribution of royalties for copyrighted works in the digital environment.
Abstract: The Marco civil da Internet establishes a brand new framework for liability of Internet intermediaries regarding third parties’ contents and activities. Besides providing general immunity schemes for Internet access providers and Internet application providers, Section III frames two derogatory regimes regarding revenge porn and copyright. The latter still needs to be designed. This chapter compares this new piece of legislation within both Canadian and United States frameworks.
Abstract: This study analyzes the policy options used by Brazil, India, and South Africa in their transition to a TRIPS-compliant patent law and the introduction of pharmaceutical patents. This comparative review can be used to explore possible policy options that could also be utilized by Least Developed Countries, including Bangladesh.
[Initiative for Medicines, Access & Knowledge, Link, (CC-BY)] Worldwide 150 million people are living with Hepatitis C. In countries like Argentina, Brazil, China, India, Ukraine and Russia 59 million people have Hepatitis C, and worldwide 700,000 people are dying preventable deaths from liver cancer and liver disease.
Pharmaceutical corporation Gilead Sciences is seeking illegitimate patents for the hepatitis C medicine sofosbuvir, blocking millions of people around the world from getting the treatment they need to get well. If Gilead is awarded unjustified patents in Argentina, Brazil, China, Ukraine and Russia, based on the likely prices that will be set for these countries, they could be faced with an overspend of US$270 billion to treat all people with hepatitis C.
[Cross posted from Digital Rights-LAC, Link (CC-BY)] After years demanding stronger public sector response to copyright infringement, IP industries have now shifted to the strategy of forcing governments to assume the role of facilitators in agreements between private parties. In Brazil, this tendency is clearly noticeable in industry demands related to copyright enforcement in the digital environment within the National Council on Combating Piracy (CNCP, Conselho Nacional de Combate à Pirataria).
Earlier this week, the U.S. Chamber of Commerce released the second edition of its Global Intellectual Property Index, a report which grades countries on the strength of their IP protection. This year’s index covers 25 countries, including all of the BRICS and most of the countries in the TPP negotiations. Countries are evaluated among 30 individual factors, which fall into one of six categories – Patents, Related Rights, and Limitations; Copyrights, Related Rights, and Limitations; Trademarks, Related Rights, and Limitations; Trade Secrets and Market Access; Enforcement; and Membership and Ratification of International Treaties. The full index is here, and the summary is here.
Today at 2pm, an event will be held at the Brazilian Chamber of Deputies to launch Brazilian Patent Reform: Innovation Towards Competitiveness. This report was developed through a long consultative process (including seven workshops in 2011 and 2012) by a technical team led by FGV’s Pedro Paranaguá. It proposes legislative reforms that would incorporate lawful TRIPS flexibilities into domestic law, enhancing access to generic medicines. C
Earlier this month, Brook Baker posted a Civil Society Statement in support of an upcoming Brazilian legislative proposal that would make greater use of TRIPS flexibilities to promote access to medicines. The legislation will be introduced in August and it will “eliminate patent term extensions and data exclusivity, restrict patents on new forms and new uses and tighten the the inventive step requirement (following the India example), adopt government use procedures, and clarify the role that ANVISA, its drug regulatory agency, plays in the patent examination system.”
[UPDATE: Spanish version of the statement added July 21.] Activists and progressive health forces in Brazil have succeeded in catalyzing a proposal to reform Brazilian patent law to take advantage of key TRIPS flexibilities in order to increase access to affordable medicines. In August 2013, Brazil will issue a major report and proposed legislative reforms that will: eliminate patent term extensions and data exclusivity, restrict patents on new forms and new uses and tighten the inventive step requirement (following the India example), adopt government use procedures, and clarify the role that ANVISA, its drug regulatory agency, plays in the patent examination system. We hope to gain sign-ons from hundreds of civil society/activist organizations.
To read and endorse the Civil Society Statement, please visit http://infojustice.org/civil-society-statement-brazil-july2013