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The debate over the 'lifting' of patents has gained momentum within the public arena due to the lack of COVID-19 vaccines. However, the possibility of disregarding any patent rights, although provided for by law, would have unpredictable costs at various levels. Speaking to Jornal de Negócios, Tito Rendas, Head of Intellectual Property at CCA, explains the consequences of applying such a measure.
"The lifting of patents that we have been discussing is what the law calls compulsory licenses. It is a mechanism enshrined both in international instruments and in our Industrial Property Code (IPC)", says Tito Rendas, who also adds that « the “price” to be paid for the granting of such licenses may be high, as it promotes a decrease in confidence in the patent system, in general, and in patents on pharmaceutical products in particular".
Moreover, recalls the coordinator of the Intellectual Property department of the CCA, "the expectation of benefiting from an exclusive economic exploitation is certainly an important element in the explanation for the speed in the development of vaccines". In other words, "without the patent carrot, vaccines would have taken longer, and some might not even exist".
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- Jornal de Negócios