Regulation of Technology Transfer in Brazil: Addressing Public Health Challenges

Abstract This report provides a comprehensive analysis of the regulatory framework governing technology transfer in Brazil, with particular emphasis on its intersection with public health imperatives. The study traces the historical evolution of Brazilian regulations from a highly interventionist model focused on import substitution to a hybrid approach that balances contractual autonomy with strategic state intervention. It explores how reforms following the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) shaped the country’s capacity to internalize strategic technologies. Special attention is paid to the use of legal instruments, such as the Technological Order and Productive Development Partnerships, which have been pivotal in enabling local production of health technologies, including vaccines. The Fiocruz–AstraZeneca collaboration during the COVID-19 pandemic serves as a case study to illustrate how these instruments have been operationalized to ensure rapid technology transfer under conditions of uncertainty. This analysis highlights the crucial role of legal innovation in strengthening Brazil’s technological sovereignty and public health preparedness. It also underscores the ongoing challenges and opportunities associated with leveraging intellectual property, public procurement and industrial policy to support equitable access to health technologies. The conclusions reflect the need for the continued refinement of regulatory tools to bolster national resilience against future health emergencies.