Records and patents 'made in Brazil'

Column by Marcelo De Vita Grecco*

Addressing patents and records may seem too arid at first glance, but I will seek perspectives that establish connections with everything we seek most practically for the development of the legal cannabis industry ecosystem in Brazil. I always argue that the best way to consolidate the productive chain around cannabis is through innovation. In this sense, having a systematized and efficient model of patents and records brings protection and security to organizations that conceive and develop innovative products.

Although Brazil is below the most favorable scenario for the legal cannabis industry, found in more developed countries, there is a bustling movement here.

Although Brazil is below the most favorable scenario for the legal cannabis industry, found in more developed countries, there is a bustling movement here. According to the Research, Innovation, and Market Trends report, focused exclusively on the cannabis market, with data from Clarivate and Derwent, adapted for Brazil by The Green Hub, the country is among the top ten in innovation protection. This movement is closely related to registrations in the domestic market, but it is important to have this system working well to protect innovations.

In Brazil, all the movement in favor of cannabis exploration has always been deeply rooted in issues of medicinal use. Thus, the first effective advances occurred from the moment the National Health Surveillance Agency (Anvisa) regulated, through Collegiate Board Resolution (RDC) 327/2019, procedures for the authorization of manufacturing, importation, prescription, commercialization, and inspection of cannabis-based products for medicinal purposes.

This release revealed an important horizon regarding patents, as the pharmaceutical industry still dominates the sector. This segment has companies that invest heavily in research and develop technologies, eager to get ahead with their patents. From there, we have a rising race. Currently, there are about 100 patent applications in Brazil related to cannabis and phytocannabinoids.

Just not to let it go unnoticed, there would be many more patent applications and registrations if we did not have a real imbroglio deliberately created in Brazil, based on political-ideological positions, leaving out of the process the most important factor: scientific evidence. The market is also kept out of the debates. Does anyone doubt that these two aspects can make any regulation inefficient? Yesterday, we had another chapter that exemplifies the premeditated confusion, with a new postponement of the vote on Bill 399/15, which regulates the cultivation of cannabis for medicinal, veterinary, scientific, and industrial purposes.

Bringing the reflections of this negligent slowness in regulation and the relationship of the patent and registration system with the real world, the uncertainties harm, for example, the population's access to medications. On another side, it delays the development of the market in the country, delaying technological advancements and the achievement of economic projection, which would generate new businesses, revenues, and tax collection.

Brazilian pioneering

When thinking about innovation and patenting new products and services, many may consider Brazil distant from the spotlight. If we analyze history again, this perception could not be more misleading. Taking the medicinal use path as an example again, Brazil is a pioneer in research and holds one of the largest volumes of scientific production.

The University of São Paulo (USP), through the working group of the Ribeirão Preto Medical School (FMRP), has the largest worldwide scientific production on cannabidiol (CBD), considering more than 1,100 scientific articles, from 1940 to 2019, among the most relevant, according to the main international databases.

Currently, the fruits obtained by the institution come from the commendable work carried out by professors and researchers such as Francisco Silveira Guimarães, Antonio Waldo Zuardi, José Alexandre Crippa, and Jaime Hallak, among other great scientists.

In this sense, I am compelled to mention the brilliant trajectory of Elisaldo Carlini. The doctor, professor, and pioneer in psychopharmacology studies, who passed away in 2020, dedicated more than half a century to research in the area, including a special focus on Cannabis sativa.

He was one of the first to describe the therapeutic effects of CBD for seizures and epilepsy.

He was one of the first to describe the therapeutic effects of CBD for seizures and epilepsy. He was also singled out by The New York Times as the one responsible for the discovery of evidence that sparked deeper interest in the United States in CBD, highlighting the compound's potential in major scientific circles. Currently, this cannabis-derived element is a hype in the North American country.

Indeed, the quality of the research conducted at USP is indisputable, and there are many Brazilian scientists who are changing the history of the plant. Not surprisingly, the work of the academic institution has already been highlighted by Nature, one of the world's leading scientific publications.

Global trends

Thinking about the present and aiming for the future, it is worth signaling the paths for research and innovation in the legal cannabis industry, guiding decisions for those who intend to enter or expand investments in this sector. Today, the most prolific companies are those focused on cannabis. That is, specialization is becoming decisive to succeed in working around the plant and its derivatives as the center of their offerings, regardless of the geographical location of the enterprise and its size.

The emergence of products related to medicinal use is still at the top, but innovations are emerging beyond traditional cannabinoids. Very soon, you will hear a lot about cannabigerol. In addition, applications focused on consumer goods are gaining prominence, such as cosmetics, food, beverages, textiles, tobacco, among others.

The United States and Canada dominate the global patent traffic. The country governed by Joe Biden holds 50% of all global research activity. Canada follows closely behind.

Brazil has the potential and experts to be in a good position in this race.

The legacy of Elisaldo Carlini proves that Brazil has the potential and experts to be in a good position in this race. This construction happens day by day and needs to be intensified because the patent of tomorrow needs to be worked on from now on.

*Marcelo De Vita Grecco is co-founder, Business Head of The Green Hub, and columnist for Sechat

The opinions expressed in this article are personal and the responsibility of their authors.

See other articles by our columnists:

Alex Lucena

– Innovation and entrepreneurship in the Cannabis industry (11/19/2020)

– Innovation is necessary, even in the new Cannabis sector (12/17/20)

– Without collaboration, innovation does not progress (02/11/2021)

Bruno Pegoraro

– The