Today, September 3rd, it was published the Law nº 14.200/2021, sanctioned by President Jair Bolsonaro, which amends Law nº 9.279 – Industrial Property Law, regarding the Compulsory License of patents and patent applications in case of national or international emergency or public interest.
It is the sanction of Bill nº 12/2021, which brings new wording to article 71 of the Industrial Property Law, and adds the article 71-A, increasing the list of possibilities for granting a compulsory license, as well as establishing the procedure to be adopted on these occasions.
The President vetoed some of PL nº 12/2021 proposals, under the justification of contradicting the public interest. Among the vetoed articles are those that required the holder of the patent or patent application subject to a compulsory license to provide all studies and information for the reproduction of the compulsory licensed patent, as well as the possibility of annulment of the patent if the information was not provided. It was also vetoed the article that characterized the coronavirus Public Health Emergence of National Importance as a national emergency under the terms of the new wording of article 71.