Institutional
Supreme Court dismisses lawsuit against rule that guarantees a minimum term for patent protection
In a decision made available on the 7th of November, Judge of the Supreme Court Luiz Fux dismissed a lawsuit by which ABIFINA (an association of Brazilian pharma industries) requested the declaration of unconstitutionality of article 40, sole paragraph, of Law # 9,279/1996. Such provision foresees a minimum of 10 years of protection for patents, counting from their issuance – which may represent a compensation in view of the current backlog, as the general rule is 20 years of protection from filing date. In brief, Judge of the Supreme Court Fux dismissed the lawsuit due to procedural reasons.
Click below to access the full content of the decision (portuguese only).
Last related news
28 de April de 2025
Kasznar Leonardos takes part in major enforcement operations across Brazil
Over the past few weeks, the Anti-Piracy and Brand Protection team at Kasznar Leonardos has taken part in major enforcement operations across … Kasznar Leonardos takes part in major enforcement operations across Brazil
14 de April de 2025
Raquel Barros is the new partner at Kasznar Leonardos
With extensive experience in Brand Protection & Anti-Piracy, Raquel Barros strengthens the team of partners at Kasznar Leonardos in 2025. Raquel leads … Raquel Barros is the new partner at Kasznar Leonardos
4 de April de 2025
Kasznar Leonardos was ranked on Chambers Brazil Contentious 2025
We are very pleased to announce that we have been ranked in Chambers Brazil: Contentious 2025, by Chambers & Partners. As a … Kasznar Leonardos was ranked on Chambers Brazil Contentious 2025