The ambassadors of the six countries sent a letter to Paulo Coutes and other ministers this Monday, saying they were concerned about the outcome of an action to be decided in the SDF today, which could affect the validity of thousands of patents in Brazil.
In a document signed by the ambassadors of the United Kingdom, Japan, Sweden, Denmark and Belgium and the French trade liability, the delegates said they feared a retrospective resolution, which would affect the patent already granted.
They also say that a sudden decision would “damage Brazil’s reputation and relations with other countries.”
“This decision may, at one time, invalidate or significantly reduce the validity of approximately 36,000 patents (…) such an act would not only harm the industry and the holders of these patents, but also bring great legal uncertainty to Brazil, undermining the confidence of foreign investors in the country.” It will lead to the deterioration of the Brazilian business environment, ”the letter said.
The lawsuit, filed in 2016, raises the question of whether the validity of patents in Brazil can be extended to 20 years, if the National Industrial Property Agency takes too long to analyze the application.
This is because, in practice, with a delay in analyzing the applications, the patent period can reach up to 30 years.
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(War Naomi Matsui)
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