International Reports - More Updates

DANIEL Legal & IP Strategy

09 Aug 2017
Government may grant 230,000 pending patent applications to eliminate backlog

The government is considering an emergency measure to eliminate the Brazilian Patent and Trademark Office’s chronic patent backlog by automatically granting 230,000 pending applications by 2020. Full text

24 May 2017
Unilever decision discourages technical development

The Superior Court of Justice recently issued a decision which reversed 40 years of economic policy and may significantly discourage business and technological development in Brazil. Full text

08 Mar 2017
Franchising in Brazil

Franchising in Brazil is governed by specific legislation. However, as a business that interacts with other legal areas, a network of regulations ? including the Industrial Property Law ? must also be observed. While the main thrust of these laws is to ensure a competitive marketplace, there are also significant provisions on protecting trade secrets and know-how. Full text

21 Dec 2016
Trade dress: a broad umbrella of protection

The Internet of Things allows objects to be sensed or controlled remotely across existing network infrastructure. As in any competitive market, original and innovative products or services – if successful – will attract unwanted attention from copycats, and a better understanding of how these can be protected by trade dress can thus be crucial. Full text

14 Dec 2016
New regulation encourages life sciences innovation

The Biodiversity Law provides for access to genetic heritage, protection and access to associated traditional knowledge and the sharing of benefits for the conservation and sustainable use of biodiversity. Access to genetic heritage is strategic for R&D, providing opportunities for competitive advantage in domestic and international markets. Full text

05 Oct 2016
Patents in Brazil: Part 5 – current developments

The National Sanitary Surveillance Agency (ANVISA) has introduced a new workflow for pharmaceutical patent applications. Under the new process, pharmaceutical cases are sent directly to ANVISA for examination in order to deal with public health issues. ANVISA examiners determine whether an application poses risks to public health. Full text

28 Sep 2016
Patents in Brazil: Part 4 – prosecution and opposition

The grant or issue of a patent can be challenged by a third party within six months of the grant or issue date. A decision rendered by the patent examiner granting, rejecting or shelving the patent application may be appealed to the president of the Brazil Patent and Trademark Office. Full text

21 Sep 2016
Patents in Brazil: Part 3 – licensing

Licence agreements are subject to recordation at the Brazil Patent and Trademark Office (BPTO) in order to produce effects against third parties and whenever payment is remitted abroad. In the process of recording, the BPTO may provide limitations on which parties may agree. Full text

14 Sep 2016
Patents in Brazil: Part 2 – amendment

No amendments are allowed after a patent grant. However, a patentee may apply for a certificate of addition to protect an improvement or development introduced in the subject matter of the invention. Full text

07 Sep 2016
Patents in Brazil: Part 1 – enforcement

In Brazil, enforcement is a matter of state jurisdiction. Each Brazilian state has a state court system and therefore infringement lawsuits can be filed before any state court, provided that other rules of civil procedure are observed. As a general rule, infringement lawsuits must be filed in the state where the accused infringer has its principal place of business or in any place where acts of infringement occurred. Full text

31 Aug 2016
Protection of trademarks regardless of registration

The Special Federal Attorney's Office and the Brazil Patent and Trademark Office recently drew up an opinion on the practical application of Article 124(XXIII) of the Industrial Property Law. The article prohibits the registration of a trademark that reproduces or imitates, wholly or partially, another trademark that the new applicant must have been aware of due to its own activity. Full text

20 Jul 2016
How to protect weak trademarks

The recent rejection by the Brazilian Patent and Trademark Office of the well-known Selaria brand, owned by famous luxury store chain Richards, has reawakened debate on an old topic: what defines the strength of a trademark? In order to avoid the grey area surrounding the protection of weak marks, rights holders should take certain steps to strengthen their marks. Full text

29 Jun 2016
Best practices for patenting antibodies

There are several rules to watch out for when seeking patent protection for antibodies in Brazil. Although Brazilian practice in this regard is inspired by European practice, most practitioners agree that it comes with several restrictions. Full text

22 Jun 2016
New possibilities for applying for priority examination at the BRPTO

In recent months the Brazilian Patent and Trademark Office has taken steps to try to reduce the enormous backlog of pending patent applications. Its latest initiatives in this regard are the updated Priority Examination Resolution for patent applications and the Priority Pilot Project BR. Full text

01 Jun 2016
Protecting biotechnology inventions

The many uses and benefits of biotechnology inventions are increasingly attracting investors. A major incentive for biotech innovation in Brazil, particularly in the healthcare field, is the high degree of cooperation between public institutions and private companies. Biotechnology plays an important role in the Brazilian economy and for this reason Brazil is a high priority for companies when crafting IP strategies. Full text

25 May 2016
How can BRPTO users help to reduce the patent backlog?

The Brazilian Patent and Trademark Office (BRPTO) has published its 2015 patent statistics. Of nearly 16,000 decisions published in the Industrial Property Magazine during the year, around 57% of cases were shelved and only 0.6% were officially withdrawn. Much of the backlog stems from parties failing to take the correct action. Full text

18 May 2016
Pharmaceutical selection inventions: PTO and ANVISA opinions

The Brazilian Patent and Trademark Office has proposed changes to the patent application examination guidelines discussing certain conditions that should be considered when examining a selection invention, and providing guidance for the examiners in such cases. A selection invention is one in which a single element or small segment within a broad known group is selected and claimed in an independent way. Full text

11 May 2016
Major change introduced for patent-related injunctions

Historically in Brazil, it is rare to obtain a preliminary injunction in a patent case. However, the new Brazilian Civil Procedural Code, which came into force in 2015, radically changed the situation. Full text

04 May 2016
Biotechnology patents: problems and expectations

At least 14 drugs are protected by patents that benefit from Article 40 of the Industrial Property Law, which states that the duration of patent protection must be at least 10 years from the date of grant. For both domestic and foreign companies, biotechnology is the greatest source of innovation for their products. Full text

27 Apr 2016
PTO toughens its stance against ANVISA patent activity

The Industrial Propriety Law requires the National Health Surveillance Agency (ANVISA) to give prior approval for the grant of invention patents involving pharmaceutical products and processes. However, in a recent case the Brazilian Patent and Trademark Office demonstrated a clear position not only against ANVISA carrying out patentability examinations, but also against the relevant legal provision. Full text

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Issue 86