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This November 7th, the Federal Supreme Court Minister, Luiz Fux, rejected the action against the rule for minimum of ten years of patent validity. The referred article guarantees a minimum term of ten years of the patent as from its grant.
The minister understood that the association that filed the direct action of unconstitutionality, ABIFINA, does not have the legitimacy to do so, rejecting the action.
To read the decision in full (in Portuguese), access the link:
http://llip.com/downloads/links/2017/11/decisao060533413509112017.pdf