Patent Policy in the Shadows of Over-Compliance
Brazil altered course in the second period of patent politics, as successive governments introduced revisions to the new patent system to address the consequences of over-compliance in the 1990s. This chapter examines the complementary steps taken to revise how the patent regime functions, including reforms to the compulsory licensing provisions and a new system for examining pharmaceutical patent applications, along with innovation–industrial policy measures to help local firms acquire new production capabilities and adjust to the new status quo of pharmaceutical patents. The chapter examines the political economy of both dimensions of Brazil’s “neo-developmental” response. The analysis shows how these two dimensions of policy have created distinct and rival sets of interests regarding the role of pharmaceutical patents in development, and how these conflicting interests create challenges for a government intent on balancing the dual objectives.