The second panel of the Federal Supreme Court today judged the internal appeal (appeal) in Complaint (Rcl) 56.393, an action filed by Monsanto do Brasil (controlled by Bayer) against the decision of the Court of Justice of Mato Grosso that determined deposit "in the court of a third of the royalties relating to the invention patent PI9816295-0, counting from its expiration date, which occurred on 03/03/2018.” The original case involves royalties from Intacta RR2 Pro soybeans.
The record of the appeal's judgment states that the "Class, by majority, dismissed the regulatory appeal, in accordance with the Rapporteur's vote, with Minister Gilmar Mendes defeated. Presidency of Minister Dias Toffoli. 2nd Panel, 12.3.2024/XNUMX/XNUMX".
The Code of Civil Procedure establishes that "the president of the court will determine the immediate compliance with the decision, with the judgment being drawn up subsequently" (article 993).
In turn, the STF's internal regulations stipulate that the "President of the Court or Panel will determine the immediate compliance with the decision, with the ruling being issued subsequently" (article 162).
The original action, in Mato Grosso, is authored by Aprosoja-MT, Aprosoja-BA, Aprosoja-GO, Aprosoja-PI, Aprosoja-TO and AMPA.
Regarding the decision, the Bayer reported that:
"Since 2022, Bayer has been discussing in the STF a request for an injunction that resulted in the obligation to guarantee the judgment, thus ensuring possible future payment, if the action initially promoted by Aprosoja-MT is successful. The effect of the current decision only ratifies Bayer's obligation to continue to present a procedural guarantee in the legal action. This week's Federal Supreme Court decision has no relation to the merits of the issue - possible discussion, still in the early stages, about the expiration date of some patents that protect the Intacta RR2 PRO technology and the respective royalties.
Bayer reiterates its deep respect for judicial decisions, while reinforcing the importance of legal certainty and respect for intellectual property rights as a way of ensuring investments in new technologies. Over the last few decades, innovation has contributed significantly to the productivity gains of Brazilian soybean farmers, even allowing the sector to gain space in the international market."
Industrial property protection was originally requested in Brazil on 03/03/1998, through PI 9803639-4 (rejected on 12/03/2013). However, before that trial, there was a "request for division", which gave rise to PI 9816295-0 (granted on 27/06/2017).
The text below presents the basic characteristics of the patent under discussion:
The present invention seeks to overcome the deficiencies in the prior art, providing several means of approaching the problem of infestation of soybean plants by insects of the Tortricidae family.
One embodiment of the invention relates to a soybean plant that has been transformed with a gene encoding a Cryl polypeptide, which gives the transformed soybean plant resistance to an insect of the Tortricidae family. The invention also provides a process for controlling Tortricidae infestation of soybean plants, by transforming the plant with a gene encoding a Tortricidae-active γ-endotoxin polypeptide, so that the peptide is expressed in the plant.
Also described is a production process of a soybean plant, as well as an individual soybean plant cell, resistant to an insect of the family Tortricidae and, in particular, members of the genus Epinotia (including E. aporema), by transformation of the plant or individual cell with a gene encoding a polypeptide of δ-endotoxin active against Tortricidae, so that the polypeptide is expressed in the plant.
The ruling on Rcl 56393 was published. Its summary read as follows:
INTERNAL APPEAL IN COMPLAINT. ADI 5.529. MODULATION OF EFFECTS. OBSERVANCE.
1. The Plenary of the Supreme Court, when considering ADI 5.529, protected any concrete effects produced as a result of the validity of patents, with an extended period in accordance with the sole paragraph of art. 40 of Law no. 9.279/1996, only regarding pharmaceutical products and processes, in addition to equipment and/or materials in healthcare use.
2. Since there is a clear discussion related to agribusiness and the action was originally proposed before April 7, 2021, it is necessary to observe the retroactive effectiveness of the declaration of unconstitutionality of the sole paragraph of art. 40 of Law no. 9.279/1996.
3. Internal appeal dismissed. (Rcl 56393 AgR-second, Judging body: Second Panel, Rapporteur: Min. NUNES MARQUES, Judgment: 12/03/2024, Publication: 09/05/2024)
The full text can be read at the link below.
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