Source: Agência Câmara - DF - 27/10/2009

Congressman Paulo Teixeira (PT-SP), author of bill 3995/08, which amends the Patent Law, pointed out that the National Institute of Industrial Property (INPI) should have suspended the granting of second-use patents, after the contrary decision of the Interministerial Industrial Property Group (Gipi), released last December.

In a public hearing at the Social Security and Family Commission this afternoon, the deputy recalled that Gipi defined a position contrary to these patents as a precaution.

Access to medicines

The coordinator of the Documentation Center on Innovation and Intellectual Property at the Oswaldo Cruz / Fiocruz Institute, Cláudia Inês Chamas, assesses that the granting of second-use patents damages the Brazilian public health policy, as it makes access to medicines more difficult. "Extending the patent term unnecessarily raises the price of medicines and restricts the production of medicines."

She also points out that the patent regime is justified when it is in harmony with a country's industrial and social development policy.

The executive secretary of Gipi, Francelino Grando, pointed out that since the opinion of Gipi there has been no change in the performance of the INPI regarding the guidelines for granting second-use patents. He assesses that the legal security requested by the institute's president, Jorge de Paula Costa Ávila, cannot be provided by Gipi, nor by the INPI's attorney's office, but by the National Congress. "Here [in Congress] is the right locus for society to take a stand."

Congressman Paulo Teixeira pointed out that the Chamber did not fail to act, since the projects are pending at the House, and the position against patents has already been approved by the Security Commission, and is being evaluated by the Economic Development, Industry and Commerce Commission. He recalls that the debate has been going on for a year and a half and that he asked the ministries that are part of the Gipi to reinforce the position contrary to the second-use patent, considering that the INPI does not seem willing to review its position.

Interest of the industries

 
For deputy Dr. Rosinha (PT-PR), the INPI's position is a clear defense of the interests of the drug industries. He points out the need to comply with the GIPI decision and said that patent applicants who are not satisfied should bring justice. "The pocket of the Brazilian citizen is being affected by his decision," he said, addressing the president of the INPI.

Congresswoman Rita Camata (PSDB-ES), rapporteur at the Security Commission, said she is perplexed by the discussion, as she thought the debate was already an outdated chapter. She regrets that a decision taken by several ministries and confirmed by the House commissions is not accepted by an autarchy. "Several ministries and commissions of the Chamber have spoken out and the INPI insists on a position at the expense of Brazilians."

Responding to criticism, the president of the INPI maintained his position in favor of second-use patents, saying that Gipi is less than the law.

The debate is over.