Abstract
The sole paragraph of Art. 40 of the Brazilian Intellectual Property Act (Law No. 9279/1996) is unconstitutional.This decision has ex nunc effects.Exempted from the ex nunc effects – with only ex tunc effects – are (i) the judicial actions filed by or on 7 April 2021 (date of the partial upholding of the preliminary injunction in the present case), and (ii) the patents granted with an extension of the term related to pharmaceutical products and processes, as well as healthcare devices and/or materials.
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More From: IIC - International Review of Intellectual Property and Competition Law
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