Brazil passes compulsory licence bill for COVID-19 vaccines
The Brazilian Senate Plenary has approved a bill that will allow President Bolsonaro to waive patent protections for COVID-19 vaccines.
Bill PL 12/2021 aims to “streamline” the process of granting compulsory licences in public health emergencies, including the COVID-19 pandemic.
The Senate voted to pass the bill at 61 votes to 13 on Wednesday. It will now only need approval from the president in order to be entered into law.
According to the announcement on the Senate’s website, the approved text will amend the Industrial Property Law (Law 9279 of 1996) to authorise the federal government to grant compulsory “temporary and non-exclusive” licences to waive patent protections.
Brazilian Senator Paulo Paim said: “There is an international movement [to waive vaccine patents]... President Joe Biden has publicly supported the idea and entities such as the World Trade Organisation and the World Health Organisation, among many others going in the same direction.”
On top of patent rights, the patent holder will have to share “necessary” information and technical aspects, as well as supply any necessary biological material essential for production.
According to the bill, the remuneration to the patent holder for compulsory licences will be 1.5% of the net sales price of the associated product.
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