Ministers will analyze the legality of the sole paragraph of article 40 of the Industrial Property Law
O Supreme Federal Court should judge next Wednesday, 7, the extension of the patent of medicines in Brazil. Ministers will analyze the legality of the sole paragraph of article 40, of the Industrial Property Law. The legislation establishes 20 years, but the provision introduced a mechanism that can extend the term to 30 years. This is what explains the president of the Brazilian Association of Generic Medicines Industries, Telma Salles.
“A following article says that it should never be less than 10 years after it was granted. Some take longer because the INPI, although it makes its efforts, takes up to 15 years to grant. And when he grants, he cannot be less than 10 years old. And this is perverse for the entire health system, not just for the population itself. But in the system as a whole. ” The sector maintains that, after 20 years of existence in the country, generic, which by law cost 35% less than reference drugs, have already provided savings of R $ 179 billion in spending on drugs for consumers in the pharmaceutical retail sector, in addition to savings on public purchases.
* With information from reporter Marcelo Mattos