Regarding Law No. 9279/96 (Industrial Property Law), a patent confers on its proprietor the right to prevent third parties from manufacturing, using, offering for sale, selling, or importing for such purposes without his consent: I – a product that is the subject of a patent; II – a process, or product directly obtained by a patented process.

Thus, in a trial on October 10, 2022, the 6th Panel of the Federal Regional Court of the 1st Region recognized the right of the pharmaceutical company Takeda Pharmaceutical Company Limited to obtain data from Federal Revenue of Brazil of the importers and exporters of substance patented by it (Lisdexamphetamine).

In this case, the patent-holder company claimed its exclusive rights by requesting that the Federal Revenue of Brazil provides the data of any importers and exporters after it heard that the substance it patented could be manufactured, marketed, and imported without its consent.

The judgment of the Federal Regional Court of the 1st Region is in line with Brazilian legislation and is an advance in the protection of patent rights.

Lawsuit: 1080560-91.2021.4.01.3400

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Author: Thaís de Kássia Rodrigues Almeida Penteado, Senior Associate & Head of Litigation at Peduti Advogados.

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”