A recent court decision, in an infringement case where Dannemann represented the patent holder, has highlighted the importance of formulation patents in securing market exclusivity, thereby enhancing the environment for innovative pharmaceutical companies.
A Brazilian state court (1st instance) meticulously addressed the actions of an importer that supplied magnesium threonate to galenic pharmacies, which then used the substance to prepare and sell a formulation covered by a Brazilian patent. The state court ruled that this action constituted contributory infringement of the pharmaceutical formulation patent.
A key aspect of the decision clarified the boundaries of the statutory galenic exception, which allows for the preparation of medicines according to individual medical prescriptions. The state court (1st instance) explicitly stated that this exception does not extend to importers of pharmaceutical ingredients, even if they supply galenic pharmacies that may exploit the patented formulation for individual prescriptions. This ruling effectively prevents potential loopholes in patent protection.
This distinction is vital for patent holders, as it prevents importers from circumventing patent protection, provides enduring protection for pharmaceutical products in the market, and rewards their ongoing innovation.
In conclusion, the recent court ruling solidifies Brazil’s position as a favorable environment for pharmaceutical investment. The decision, achieved with the representation of Dannemann, signals a clear commitment to protecting patent rights and fostering innovation within the sector. By providing a secure legal framework, Brazil attracts foreign investment and promotes the availability of cutting-edge treatments and therapies in its market
