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[e-drug] Academics/Expert's open letter in support of Brazil's Patent Law Reform

E-DRUG: Academics/Expert's open letter in support of Brazil's Patent Law Reform

Soliciting sign-ons


I am writing to solicit signatures from global academics and pharmaceutical 
experts with respect to pro-health patent reforms in Brazil.  Sean Flynn, Amy 
Kapczynski, and I have worked on an academics/experts letter and brief 
technical review which are available at: http://infojustice.org/support-brazil. 

 (If you have brief, crucial editing suggestions, please send to 

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 in (1) an open letter from academics and experts 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.  

If you wish to sign-on, please provide the following information at the 
infojustice site, or you can email the same to 

Institutional affiliation
Whether you sign on to the letter only or to the letter and the technical 

In our judgment, this is a very important moment where Brazil is rectifying 
past mistakes when it prematurely adopted TRIPS-plus measures under pressure 
from the U.S.  The proposed patent reform demonstrates growing momentum in low- 
and middle-income countries to maximize use of TRIPS-compliant flexibilities to 
help ensure access to medicines for all. We believe that the support of 
academics and other experts is useful both internally to help support adoption 
in Brazil and externally to counteract what is certain to be strong negative 
reaction from the US and EU and Big Pharma.

Professor Brook K. Baker
Northeastern U. School of Law
Affiliate, Program on Human Rights and the Global Economy
400 Huntington Ave.
Boston, MA 02115 USA
Honorary Research Fellow, University of KwaZulu Natal, Durban, S. Africa
Senior Policy Analyst Health GAP (Global Access Project)
Alternate NGOs Board Member UNITAID

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