Retaliation on IP rights
CAMEX, the Brazilian governmental authority in charge of foreign trade policy, has published Resolution No. 16 submitting to public consultation a proposal for the institution of a set of the following retaliatory measures that affect intellectual property rights of US individuals and companies in Brazil:
- The temporary reduction of the term of (1) patents covering medicines for human and veterinary use, chemical and biotechnological products and processes for agriculture, (2) IP rights over plant varieties; (3) copyright over the public performance/playing of musical works.
- The royalty-free compulsory licensing of above-mentioned IP rights.
- The increase of official fees for obtaining and maintaining these rights.
- The importation of products protected by patents covering medicines for human and veterinary use, chemical and biotechnological products and processes for agriculture without the consent of the patent holder.
- The requirement of copyright registration for obtaining and maintaining copyright rights.
The interested parties can submit briefs regarding the proposed measures and CAMEX is going to publish the final list with the specific rights that will be affected by the retaliations.
This retaliation was authorized by the WTOs Dispute Settlement Body in connection with the recent dispute regarding subsidies on upland cotton.
We will maintain you informed about the further development of the case.