Brazilian Legal Infrastructure for further developing the Biotechnology/Innovation Industry. Edson Beas Rodrigues Jr. Buenos Aires, September 29, 2006. Relevant Legal Texts. Industrial Property Code as of 1996
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Edson Beas Rodrigues Jr.
Buenos Aires, September 29, 2006
INPI patentability guidelines on the biotech. and pharmaceutical fields: further expansion of the scope of patentability established by the Industrial Property Code
Brazilian patentability guideline -> similar to the USPTO/EPO guidelines
Depletion of the Scientific Commons in Brazil
Brazilian Biotech. Industry: Facts and Figures
AGE OF BIOTECH FIRMS Should we celebrate?
1 to 3 years – start ups after 2000 = 3 (13%)
3 to7 years – New companies (after 96 – before 99 = 6 (26,1%)
7 years and more – Mature companies= 14 (untill 1996) = 60.9%
Source: FINEP 2003
The Myth of more R&D and Foreign Direct Investment in R&D Should we celebrate?
ORIGIN OF CAPITAL AND R&D BIOTECH INVESTMENTS
source: DPP FINEP (2003) Derengowski
BIOTECHNOLOGY PATENTS IN BRAZIL Should we celebrate?
GENOMIC PATENTS IN BRAZIL Should we celebrate?
LEADER FIRMS IN PATENT RACE BY ORIGIN AND APPLICATION Should we celebrate?
BIGGEST BIOTECH PATENT CLAIMERS IN BRAZIL (1998-2001) Should we celebrate?
Despite strong Governmental investments, Should we celebrate?
Stringent standards of patentability, the Brazilian biotech.
Industry is struggling to emerge .
But there are exceptions: BIOMINAS, CIATEC, etc.
2004 – shift in innovation policy Should we celebrate?
Innovation Act – similar to the US Bayh Dole Act
Innovation became a byword of IP entitlements
Foundations of the Innovation Act
90% of all scientists and qualified human resources are in the public University