On April 9, 2021, the pharmaceutical company EMS filed a preliminary injunction seeking the suspension of the patent for the anticoagulant Rivaroxabana, used in the treatment of Covid-19 virus. The request was made two days after a favorable decision was issued by the Minister of the Supreme Federal Court, Dias Toffoli, for the unconstitutionality of article 40 of Law 9,279/96 in the Direct Action of Unconstitutionality No 5529.
The anticoagulant, explored under the trademark Xarelto by the pharmaceutical company Bayer, is included in the list of the National Health Surveillance Agency of substances that require prior authorization for export. In January 2021, the patent for the drug was suspended in India, while Europe authorized in November 2020 the sale of a generic drug called Rivaroxaban Accord.
In November 2020, EMS had already filed a request to suspend the patent for Rivaroxabana before the Federal Court in Rio de Janeiro after the extension of its validity due to the aforementioned article 40. However, the pharmaceutical company was not successful at the time.
More information is available, in Portuguese: https://blogs.oglobo.globo.com/capital/post/ems-pede-suspensao-de-patente-de-anticoagulante-usado-no-tratamento-da-covid-19.html