Brazilian Legislative Power maintains President Bolsonaro’s veto to anti-patent legislation establishing that patent owners must provide information for compulsory licensing work of a patent (gunpoint tech transfer)

July 5, 2022

The Brazilian National Congress (House and Senate) has voted today in a joint session to maintain the Presidency’s vetoes to Law #14,200/2021. Thus, it has been confirmed that should a compulsory license be granted for a patent or patent application, patent owners will not be required to provide the necessary and sufficient information for the patent or patent application to be replicated, as was established by the original bill. The maintenance of the vetoes also guaranteed that compulsory licenses may not be granted by law. Finally, the maintenance of the vetoes confirmed the exclusion of the article that expressly established that the public emergency declared due to COVID-19 is characterized as a public health emergency for the purposes of compulsory licensing. Nevertheless, this section has already become moot, considering that the Ministry of Health has declared the end of the COVID-19 public emergency on April 22, 2022. Law #14,200/2021 is available here.