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
As many of you may have heard, Brazil has been engaged in a long process of studying patent law reform and in August 2013 (originally scheduled for July 10, 2013) will be issuing a major report and proposed legislative reforms. In sum, as detailed below in (1) an open letter and (2) its attached brief technical review which has the text of the proposed bill as an annex, Brazil is seeking to incorporate lawful TRIPS flexibilities, into its patent law including: eliminating patent term extensions and data exclusivity, restricting patents on new forms and new uses and tightening the the inventive step requirement (following the India example), adopting a government use procedures, and clarifying the role that ANVISA, its drug regulatory agency, plays in the patent examination system. Sean Flynn, Amy Kapczynski, and I have worked on an academics/experts letter and brief technical review, both of which are open for signatures.
On May 23, Brazil’s federal communications commission – ANATEL – passed a resolution with sweeping implications for internet service provision, net neutrality, and regulatory power. Resolution 614/2013 extends ANATEL’s regulatory reach from its traditional home in telecommunications systems all the way into the provision of internet services. This extension and others like it can significantly impact the internet access market in Brazil. These over-reaches also pose serious challenges to net neutrality policies pending in the Marco Civil legislation (known internationally as Brazil’s “Constitution for the Internet”).
Tim Berners-Lee’s visit to Brazil last week has rekindled hopes for a civil society frustrated by six postponed votes on the bill known as “Marco Civil.” This groundbreaking federal legislation would guarantee civil rights in the use of the Internet, and is sometimes called a “Constitution for the Internet.” For the bill’s rapporteur, Representative Molon, having the inventor of the World Wide Web visit and publicly support the Marco Civil is an essential step in breaking the legislative logjam.
[Reposted from Recursos Educacionais Abertos. Authored by Carolina Rossini, Priscila Gonsales and Debora Sebriam. Translated by Carolina Rossini (CC-BY)]
We are sorry communicate that the São Paulo governor Geraldo Alckmin (PSDB) vetoed in its entirety the PL 989/2011, because of a perceived conflict of powers between the Executive and the Legislative branches in the State of São Paulo. PL 989/2011 – which was approved by all committees of the São Paulo Legislative Chamber (ALESP) back in December 2012, aimed to establish the public policy for open educational resources in the richest state of Brazil. This Bill was among a remarkable 90% of all bills that were approved by the Legislature in Sao Paulo state, but rejected by the governor. The bill will now return to the Legislative Chamber where the veto might be overturned – but that is an improbable event.
On December 20, the state of São Paulo approved PL 989/2011, which establishes a policy of Open Educational Resources. Article one holds that educational resources developed by the government “should be made available in these institutions or [on the government's] electronic sites… and licensed for free use, comprising copying, distribution, downloading and redistribution,” on the conditions attriution and noncommercial use. Resources covered by the law include “textbooks, instructional materials, multimedia content, educational games, scientific articles, research, theses, dissertations and other academic pieces.”
[By Carolina Rossini, reposted from EFF's Deeplinks blog]
Internet service providers (ISPs) are the conduits of free expression on the Internet. However, many international and national law and policy proposals, including trade agreements like the Trans-Pacific Partnership agreement(TPP) and others, attempt to make Internet intermediaries the sole arbiter and enforcer of the law instead of courts and judges. ISPs should not be Internet cops. Not only are they not equipped to make such decisions, proposals to make them liable for Internet content end up promoting law enforcement methods that purposefully skirt due process rights.
Just after entering the 21st month heading the Ministry of Culture in Brazil, Ana de Hollanda was dismissed on Tuesday, September 11. The new Minister, Marta Suplicy, a well known Labor Party politician from São Paulo, took office on the 13th (see the news on the ceremony).
Ana de Hollanda has been on shaky grounds since she appointed. Her first words were to say she would review the Copyright Law Reform in order to “protect the author” from what she saw as an attack on their rights and its exercise.
The WIPO translation was used for the current law (column 1). Except in a couple of passages, the text of the WIPO translation was transposed to that of the new proposals every time the draft language followed the current legislation. The translations for the four versions of the copyright reform draft bill here presented (columns 2-4) are only meant to roughly convey the substance of the proposals. While great care has been taken, the translations might is some cases be inadequate or insufficient. Please check the translations against the original text of each proposal, provided below in a separate table.
In testimony before the U.S. House of Representatives Subcommittee on Intellectual Property, Competition and the Internet on 27 June 2012 (Hearing: Protecting Patents, Trade Secrets, and Market Access), the Deputy Director of the U.S. Patent and Trademark Office, who also serves as Undersecretary of Commerce for Intellectual Property, grossly misrepresented the scope of permissible compulsory licensing under the WTO TRIPS Agreement.
In her misleading testimony, Teresa Stanek Rea said: “We are consistent on our efforts … of trying to stop these compulsory licenses.” Rea said she was particularly disappointed in March, when India’s Patents Office ordered Bayer AG to grant an Indian generics maker (Natco) a compulsory license for the cancer drug Nexavar, ruling that it was too expensive for most people to afford. (Note: the generic was 3% the cost of overpriced Bayer product and reached only a tiny fraction of eligible cancer patients in India.)