The role of the Brazilian Sanitary Surveillance Agency (ANVISA) in granting patents for pharmaceutical products and processes is still unclear. This article examines the reasons for the ANVISA prior consent rule, interpreting the prior consent rule, balancing the rights to healthcare and to IP rights, and the current position in practice.

This article is part of the Global guide to life sciences. For a full list of jurisdictional Q&As visit www.practicallaw.com/lifesciences-guide