|Box 10 - Recommendations about the Patent Law
changes, such as the concession of patents to
pharmaceutical products and process, are unavoidable to
normalize Brazil's international economic relations.
Patent legislation, in short, should not be confused with "nationalism" or "isolationism."
The revision of the Code of Industrial Property is an unavoidable consequence
of the current international scenario.
- the new legislation should be based on the text
being negotiated with within GATT, as it is the
case of the proposal put forward by the
Interministerial Group. American pressures to
include the patenting of life forms and the
"pipeline" do not correspond to
internationally accepted rules as yet. In
addition, no short-term agreement of free trade
with the U.S. is being considered, to justify
such concessions. A rapid approval of a new
legislation without transition adjustment periods
for specific industrial sectors would attend, in
general terms, American demands.
- Industrial property is just one policy instrument
for science and technology. Investments in
research and development, institutional
environments and a competitive context are more
important for scientific and technological
development than patent legislation.
- The revision of the Code of Industrial Property
should not be interpreted as a way to attract
direct foreign investment in research and
development. This revision is required above all
by the need to stabilize Brazil's international
economic relations, specially with the United
- Patents are important as an asset in the
competitive strategies of firms. In this sense,
it is important for sectors that are potentially
more dynamic in terms of new technology
generation, such as biotechnology.
Lia Valls Pereira, 1993