Reports which indicate a supposed direct link between compulsory licences and the acceleration of global vaccination have been circulating in the Brazilian media. However, such a relationship does not yet exist. Even though the process of decreeing a compulsory licence for a patent is quite simple, this does not mean that the technology will be easily available for any interested company to produce and commercialise it, or that such technology will be free of charge.
A patent dispute about a spray used to mark the distance between the defenders and the ball when a free kick is taken in football is ongoing in Brazil. The spray's inventor filed an infringement action against the International Federation of Association Football (FIFA), which was rejected on the grounds that the inventor had not proved that the products used by FIFA corresponded to infringed copies of his products or that any damage had been caused. The inventor has appealed this decision.
The National Health Surveillance Agency recently published four guidelines on its prior consent procedure, which all pharmaceutical patent applications in Brazil must undergo before the Brazilian Patent and Trademark Office (BRPTO) conducts the technical examination. However, applicants should remember that the final decision on the patentability of pharmaceutical patent applications is made exclusively by the BRPTO.