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In a recent decision¹, the 21st Federal Court of the Federal District granted a preliminary injunction to nullify the administrative act which allowed a patent application related to a medication used for treating Hepatitis C.

In this case, the candidate for the Brazilian Presidency Marina Silva and her candidate for vice, Eduardo Jorge, filed a citizen’s action against the Federal Government, the Brazilian Patent and Trademark Office, Gilead Pharmasset LLC and Gilead Science INC., with a request for preliminary injunction, of the administrative act which allowed a patent application for the antiviral drug Sofosbuvir, marketed under the name Sovaldi, used for the treatment of Hepatitis C. The plaintiffs argued that the medication is freely delivered by the Brazilian National Health Service (SUS) since 2015 and that the granting of the patent does not comply with the public and social interest.

The court held that the BPTO did not face the arguments that the “grant of the patent” (sic) would not be compatible with the social, technological and economic interests of the country (under the perspective of the Brazilian National Health Service’s program to fight Hepatitis C), disregarding it’s constitutional obligation of protecting the sovereignty and public interest.

¹ Lawsuit no. 1019631-97.2018.4.01.3400