Sensitive industry data of some agrochemicals exposed by the Brazilian government
Date:07-09-2015
The composition of eleven agrochemicals which are still protected by industrial secrecy were made public without authorization from the companies or the law in Brazil. The information was hold by the National Health Surveillance Agency (ANVISA) and was included in a public database, the Agrofit. Installed in the Ministry of Agriculture website, the database is used by researchers and people who are interested in the development of chemicals to download the composition and toxicological evaluation of products, and no password is required to access the database. ANVISA says such situation has been corrected.
Nine companies were impaired and the disclosed products were: Mythos (Bayer), Roundup Transorb (Monsanto), Juwel and Cantus (Basf), Actara 750 SG and Priory (Syngenta), Altacor (DuPont), Sumistar WG (Sumitono), Methomyl (UPL), Sanson 40SC (Isk Biosciences) and Partner Processo (Sipcam Nichino).
The Brazilian government could be prosecuted to indemnify the companies because the release can make piracy easier. There is still risk of a dispute in the World Trade Organization (WTO) if it is proven that there was intent to benefit the domestic industry. The formulation, according to experts, is what is most sacred in industrial property. The disclosure of data facilitates piracy.
The Ministry of Agriculture released a statement saying that the interim minister, Maria Emilia Jamber has determined that "an inquiry will be open to probe" responsibility on that case. Agriculture minister Katia Abreu is in an official visit to Japan.
The National Association of Plant Protection (Andef) recalled that Brazil is a signatory to the international resolution of patent protection. "The disregard for the rules creates legal insecurity and instability affect investments in the country," he said through a statement.
Bayer said through a statement that the information received is being analyzed to decide what measures will be taken. Syngenta said they were unaware about information leakage. BASF said it will evaluate content on the website. And they stressed that companies submit confidential information and trust in the institutions that manage the information.
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