On Wednesday (30th), the Committee on the Environment and Sustainable Development approved the proposal that allows the registration of patents of substances and biological material obtained, extracted or isolated from the nature. According to the approved text, this material shall address the requirements of novelty, inventive activity and industrial application, not characterizing a mere discovery.

The proposal was approved as a substitute text of the deputy Germano Bonow (DEM-RS) to the Bill 4961/05, of the deputy Antonio Carlos Mendes Thame (PSDB-SP). The substitute modifies the text of the Bill to clarify concerns, without changing its essence.

Bonow agreed with the arguments of the author in order to modify the law that regulates rights and obligations related to the intellectual property (9279/96). From Mendes Thame's point of view, the restrictions of the law discourage the public and private investments destined to the knowledge and economic benefit of the Brazilian flora and fauna.

Research and innovation
From the rapporteur’s point of view, it is convenient and necessary that the country protects the research and the innovation. He reminded that other countries do not consider a "mere discovery", the isolation and the identification of a certain material characteristics.

“Although the molecules are present in living organisms, they are not clear to the observer. They shall be extracted, purified and related to something useful. In these cases, it is not about a simple description of a natural characteristic of such species”, explained Germano Bonow.

According to Bonow, in the event that Brazil forbids the patent for such cases, an alternative solution would be the continuity in the acquisition of medicinal products’ and other biologic elements of industrial application licenses, “since other nations accept the patents and protect its industries”.

Bill attached
The committee denied the Bill 654/07, that is pending the attachment to the Bill 4961/05 and forbids the patent of all genetically modified organisms (OGMs). Germano Bonow remarked that the proposal may affect the research in Brazil.

“The proposal does not forbid the research or the production of OGMs, already regulated by the Biosafety Law, but obstructs the protection of authorship, that is the result of the intellectual property. In practice, it may end up with the investments in expensive technologies, since no company will invest huge funds for the development of products that will belong to the public domain”, the rapporteur said.

In process
The bill is in process and in conclusive nature and still will be analyzed by the Committees on Science and Technology, Communications and Computer Sciences; Economic Development, Commerce and Industry; and Constitution and Justice and Citizenship.

Reporting – Noéli Nobre
Edition – Wilson Silveira
Translation - Grupo Solucion-SP Language/Maria Carolina Ogata