The Brazilian Federal Supreme Court (STF) judgment of ADI 5529 (Direct Action for Unconstitutionality) against the sole paragraph of article 40 of Law no. 9,279 of 1996 (Industrial Property Law), was finalized yesterday, May 12.

After deciding the unconstitutionality of the sole paragraph, the court voted the modulation of effects. By 8 votes to 3, the proposition by Reporting Justice Dias Toffoli was accepted, wherein the effects of the decision will not affect patents granted until the date of publication of the judgment records, except in the following cases: (i) patents discussed in ongoing lawsuits having as an object the constitutionality of the sole paragraph; and (ii) patents which are in force with a term defined by the sole paragraph, concerning patents related to pharmaceutical processes and products, as well as healthcare equipment and materials.

 

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