Nowadays, the use of weight-loss medications containing tirzepatide as an active ingredient has become increasingly common. However, due to the high cost of these medications in Brazilian pharmacies, some people have resorted to illegally bringing such products into Brazil from Paraguay, contributing to the growing problem of tirzepatide smuggling across the border.
In light of the increasing number of seizures of smuggled tirzepatide-based medications in Brazil, ANVISA (the Brazilian Health Regulatory Agency) signed an agreement with DINAVISA (Paraguay’s health regulatory authority) to strengthen surveillance along the border between the two countries, with the aim of reducing the smuggling of these medications.
The smuggling of medications is a serious matter, as, in addition to potentially infringing previously granted intellectual property rights, it poses significant health risks to consumers, since the origin of such products and their compliance with the required quality standards cannot be guaranteed.
From an intellectual property perspective, Brazilian law expressly provides that third parties may not, without the patent holder’s consent, manufacture, sell, or import products that are protected by a patent or obtained directly through a patented process, as set forth in Article 42, items I and II, and paragraphs 1 and 2 of the Brazilian Industrial Property Law:
Article. 42. A patent grants its holder the right to prevent third parties, without the holder’s consent, from manufacturing, using, offering for sale, selling, or importing for such purposes:
I – a product protected by a patent;
II – a process or a product obtained directly through a patented process.
- 1º the patent holder shall also have the right to prevent third parties from contributing to the performance by others of the acts referred to in this Article
- 2º Infringement of a process patent, as referred to in item II, shall be deemed to have occurred when the possessor or owner fails to prove, pursuant to a specific court order, that the product was obtained through a manufacturing process other than the one protected by the patent.
Also, Article 184, item I, of the Brazilian Industrial Property Law provides that:
Article 184. A crime against a patent for an invention or utility model is committed by anyone who:
I – exports, sells, displays or offers for sale, keeps in stock, conceals, or receives, for economic purposes, a product manufactured in violation of an invention or utility model patent, or obtained through a patented means or process; or”
As it is widely known, ELI LILLY AND COMPANY holds patent rights related to tirzepatide in Brazil. The corresponding patent application was filed with the Brazilian Patent and Trademark Office in January 2016 and was subsequently granted on March 6, 2018, under Patent Nº BR 11 2017 010596-9.
Therefore, the company is entitled to take appropriate legal action against those involved in the smuggling and unauthorized importation of the patented medication into Brazil from other countries.
The agreement entered into between the Brazilian and Paraguayan regulatory authorities represents an important step toward combating the smuggling of weight-loss medications, particularly given the increasing frequency of such practices and the serious risks they may pose to public health.
Cases like this highlight the importance of intellectual property owners actively enforcing their rights, as well as the essential role of health regulatory authorities in implementing effective measures to prevent the irregular circulation of medicines and other health-related products.
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Author: Daniela Russo, Lígia Ferreira Marcondes Rocha, and Cesar Peduti Filho, Peduti Advogados.
Source: https://g1.globo.com/saude/noticia/2026/08/21/anvisa-assina-acordo-com-paraguai-em-meio-a-alta-no-contrabando-de-canetas-emagrecedoras.ghtml
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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”