By Viviane Trojan
8 de October de 2024
Kasznar Leonardos publishes an article in the renowned IP Watchdog
We are proud to announce that our partner, Viviane Trojan, alongside legal team members Jorge Enrique de Azevedo Tinoco and Felipe Zanini Kon, has authored the article “Protecting Pharmaceutical Innovation in Brazil Despite the Lack of a Patent Linkage System”, published in the renowned IP Watchdog. The article examines the limitations imposed by the Bolar Exemption on patent holders in Brazil, shedding light on how litigants in the country are adopting alternative strategies to secure market exclusivity for pharmaceutical innovations despite these challenges.
Exploring the intersection of patent law and generic drug regulation, the authors emphasize the need to adequately reward the monumental efforts of innovators in advancing pharmaceutical R&D, comparing approaches in the U.S. and Brazil. “In this context, while still far from implementing a patent linkage system, Brazil’s recent steps toward expanding its TDE system, as well as the introduction of PTA lawsuits and legislative bills, signal to innovators worldwide that Brazil is open to strengthening innovators’ rights,” the authors explain.
Read the full article here.
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