| Autor: |
Ferreira, Aline, Ribeiro, Anderson |
| Předmět: |
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| Zdroj: |
Journal of Intellectual Property Law & Practice; Oct2018, Vol. 13 Issue 10, p828-836, 9p |
| Abstrakt: |
Backlogs are commonplace in many patent offices across the world. In Brazil, the situation is not different: according to the official statistics, a patent application may take an amazing fourteen years to be analyzed. To compensate applicants for such huge delay, Brazilian law foresees a minimum term of protection for patents. However, the constitutionality of this rule was challenged in a motion filed in the Brazilian Supreme Court by a local association of generic drugs companies, which argued that providing a minimum term of protection creates distortions and leads to imbalances between the profits made by patentees and the benefits for society. This article discusses these arguments and the consequences of this motion for unconstitutionality. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
| Externí odkaz: |
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