Brazil

In 2019 President Jair Bolsonaro and his newly formed Alliance for Brazil government placed intellectual property at the forefront of the nation’s economic development. To tackle the large patent application backlog, initiatives have been rolled out to align the country’s structures with international standards. The National Institute of Industrial Property (INPI) launched the Patent Backlog Combat Plan, under which it aims to issue 60,000 to 70,000 application decisions in its first year and eventually work at a rate of 2,000 per week – an 80% backlog reduction that would slash the time taken to reach a decision from the standard 11 years down to two. In late 2019 INPI kick-started a three-year programme, which will streamline Patent Prosecution Highway projects by simplifying relations between application offices and applicants.

Firms

Barbosa Müssnich Aragão

“The patent practitioners at Barbosa Müssnich Aragão are a pleasure to work with. Their advanced technical knowledge and strong ability to anticipate market opportunities mean they provide advice aligned with business interests. The icing on the cake is the competitive rates that their advisory packages come at.” Antonella Carminatti and Ana Cristina Müller fill positions of leadership at the firm and stand out for their high level of strategic oversight in transactional scenarios. IP head Carminatti is superb from a commercial perspective when reviewing and drafting licensing agreements and negotiating portfolio acquisitions. As patent practice chief, chemical engineer Müller coordinates a deep bench of engineers and scientists to ensure that every instruction receives the closest possible attention. Fellow chemical engineer Lilian Ghitnick is another master of prosecution: bringing creative flair to the practice, she knows how to avoid obstacles on the path to successful grant.

Bhering Advogados

Bhering Advogados has the resources and proficiency to deal with all patent issues both domestically and internationally; with offices in Brazil, an outstanding German desk and a highly skilled in-house translation department, it runs a far-reaching, efficient service. Clients in myriad industries take advantage of this and rely on Philippe Bhering, Pedro Bhering and Alice Rayol Ramos Sandes for litigation, prosecution and transactional work respectively. “Philippe’s client-focused attitude sets him apart – he is talented, approachable, extremely knowledgeable and very punctual with correspondence, unlike many others.” For over 40 years, Pedro Bhering has served as a trusted adviser to patrons, providing long-term, ironclad protection in the Brazilian market for expansive portfolios. Notable recent successes have come alongside IAM Patent 1000 debutant Sandes – the pair have been shoring up advantageous positions on the Brazilian market for L’Oréal and LG. Sandes is thriving in her new role as head of prosecution and garners the praise to prove it: “She has a holistic market vision that is extremely rare to find in Brazil. Her technical and legal analysis of complicated matters is always delivered in a transparent and collaborative way, making for effective strategies.”

Daniel Law

Commercially important briefs from dynamic companies flood in to Daniel Law, which has been on the frontline of innovation in Brazil for over 60 years. Head of patents Ricardo Dutra Nunes “is proactive, innovative and technically strong in complex litigations. He stays alert to important developments in Brazil and provides strategic, business-minded counsel which takes advantage of those changes”. Holding a licence to practise in New York State, he works with many US patrons looking south for expansion. In its technically well-rounded prosecution group, experienced senior partner Rana Gosain is first among equals. The judicious adviser is a driver of dialogue for Asian clients, particularly in the fields of civil engineering, pharmaceuticals and biotechnology. Gustavo Sartori, Diogo dos Santos Netto and Kene Gallois combine their non-contentious strategic nous with first-rate management skill as respective heads of the mechanics, industrial design and life science groups. Sartori’s in-house background and Netto’s scientific research background stand them in good stead to tailor their approach and services. Coming in for special praise, Gallois “is a clear communicator who is knowledgeable and very responsive”; she also provides high-quality technical assistance in litigation scenarios.

Dannemann Siemsen

“Intellectual property in Brazil means Dannemann – it is a true powerhouse. In terms of volume, quality and reach of work, its magnitude of operations is unrivalled.” Dispersed across four Brazilian offices, its erudite patent pros display sweeping industry knowledge in an A-to-Z service that ticks all the boxes for chart-topping companies. Joaquim Eugenio Goulart, Gustavo de Freitas Morais and Cláudio França Loureiro are litigators cut from the finest cloth. “Extremely tough, sharp and reliable, Goulart is a staunch advocate for clients from start to finish. Even as an opponent, you have to say his work is never anything less than impressive.” With legal and technical qualifications, life sciences ace Morais has a 360-degree perspective and hawkish attention to detail, which give him an edge in the thorniest disputes. Loureiro does much to uphold the prestige of the firm and is at his best when the business exposure is high. Mechanical engineer Eduardo da Gama Camara Junior is an emerging presence on the scene whose eye-catching track record has earned him a place in the IAM Patent 1000 for the first time this year. Recent highlights include successful patent cancellation actions on behalf of Semp TCL against Ericsson before the Federal Court of Appeals, and ongoing infringement and unfair competition work for BMW. On the prosecution stage, Frank Fischer is a headline act and “one of the best patent attorneys in Brazil”. “He has a unique understanding of complicated aspects of European law, but provides outstanding analysis all round.” Ana Claudia Mamede Carneiro and Ivan Ahlert are further stars in the prosecution firmament. Carneiro consolidates portfolios in the chemical, pharmaceutical and biotech areas, with superb results; while Ahlert plies his trade in the mechanical arts. “Ahlert goes really deep into the issues and leads by example in the patent profession.” Over her 20 years at Dannemann, Cândida Ribeiro Caffé has become a beacon of light in the transactions space, painstakingly negotiating clients into the best possible deal positions.

David do Nascimento Advogados Associados

For 50 years, boutique David do Nascimento Advogados has prioritised transparency and a high-quality service, to great effect. The crisp delivery of commercially tailored advice is a hallmark of the group, which is led by the redoubtable Marcello do Nascimento. Under his expert eye, its cadre of lawyers and engineers take applications under their wing and turn them into secure, competitive market assets. With a sparkling CV studded with memberships of international legal bodies, Nascimento has an enviable web of connections to leverage to ensure that clients achieve their global goals.

Demarest Advogados

With robust backing from other firm departments, the IP division at full-service outfit Demarest is richly resourced for any instruction that comes its way. Head of department Tatiana Campello has an entrepreneurial spirit and is a discerning choice for fintech and licensing briefs. Having worked at INPI, Julia Davet Pazos has an inside view on the patent process, which informs her on-the-money prosecution counsel. Her skills complement those of Campello, with whom she links up effectively to manage all Brazilian patent concerns of Diebold Nixdorf; the two also attentively care for the new agribusiness technologies of Stoller do Brasil.

Di Blasi, Parente & Associados 

“Di Blasi, Parente & Associados offers professional, well-informed and timely counsel. No task is too big or small for its team, and it has a good vision for scoping out the competitive landscape and identifying opportunities.” Market leaders in Brazil’s most advanced industries turn to the one-stop shop for fulsome support throughout all phases of the patent lifecycle. Notably, the set has recently been on a hot streak reversing unfavourable examiner opinions for applications in the mechanics, life sciences and chemistry arenas. As its litany of successes grows, so too does its headcount; but managing partner Gabriel Di Blasi remains the linchpin. Although adept at prosecution, he really hits his stride in tough litigation. His assured handling of a series of five infringement disputes for oil and gas company HEEREMA – the outcomes of which will be felt through the offshore industry as a whole – is a recent addition to his highlight reel.

Gaiarsa, Ferreira & Meyer Propriedade Intelectual

Prolific filing house Gaiarsa, Ferreira & Meyer continues to develop on many fronts: it has invested heavily in strengthening its training structures; recruited hot new talent; and seen an uptick in heavyweight biotech and agricultural-based instructions. Encouraging and embracing all these changes, Katia Jane Ferreira Evangelista is a repository of trust for portfolio management. Those who work with Evangelista enthusiastically endorse her; one patron singles her out as “the best technical patent consultant in Brazil. Her consistently strong levels of diligence and accountability are matched with great technical aptitude and abundant theoretical and practical knowledge.” Of late, she steered applications around the world through to grant for cosmetics company Ashland; and was engaged as a pharmaceutical technical expert in Eurofarma’s dispute with Romark and in a Sandoz-versus-Pfizer spat.

Guerra IP

From its Porto Alegre headquarters, Guerra dominates the Southern Brazilian IP market; but its open-armed, cost-sensitive practitioners have also put their stamp on the national innovation scene. “For us, it is the most reliable firm in South America,” says one devotee. “Showing sound awareness of Brazilian and regional legal trends, its team is prompt, cost effective and correct when it matters”. Tried-and-tested litigator and transactional maven Ricardo Pinho brings a straight-talking, forward-thinking approach to disputes and deals. He is an acclaimed IP figure, as is reflected by his current position as president of the Brazilian Association of Industrial Property Agents. Head of patents Alberto Guerra is also a revered presence – not only for his role in memorable contentious victories, but also as a widely known educator on the importance of defending IP rights.

Gusmão & Labrunie

“Gusmão & Labrunie is an undisputable leader in the patent field – its team’s business-tailored strategies, accuracy of opinion and composed courtroom demeanour distinguish it from competitors.” José Roberto Gusmão and João Vieira da Cunha set the tone from the top. “Gusmão is a complete professional who thoroughly understands the business of patents on a global scale.” “da Cunha is one of the most respected lawyers of the new generation, and for good reason. He gives the impression of exclusivity to each client and his attention to detail before important magistrates makes the difference in lawsuits.” The two combine as a potent strike force for landmark cases. Jacques Labrunie likewise brings the heat in disputes: he recently landed a big win in a crucial infringement claim in the metallurgical arena, where he turned defence into a profitable attack. The non-contentious wing of the practice also makes waves, with Priscila de Barros Thereza Yamashita in the thick of things. With an unerring instinct for assessing Brazil’s regulatory environment, she dispenses perceptive advice relating to pharmaceuticals in particular. She recently overcame a patent office rejection to provide protection for a composition drug on behalf of Laboratório Catarinense.

Kasznar Leonardos 

At 101 years old, gold-tier Kasznar Leonardos is one of the most august IP outfits in Brazil – but also one of the most rapidly developing: in the past year it has explored new technological markets, increased its hiring rate and established a new internal company model to better meet client needs in an evolving market. Paving the way, respected duo Gabriel Francisco Leonardos and Claudio Roberto Barbosa always put clients on the front foot in precarious disputes. “Leonardos has a very strong background and as chair of the Brazilian bar association, he’s doing great work trying to improve the country’s legal profession.” With two master of laws degrees, a doctorate and a technical ICT degree to his name, Barbosa has an illustrious academic background to match his impressive courtroom record. He is a discerning choice for all things internet and electronics related. The pair are also key pillars of a strong transactional practice – a third of which is Elisabeth Kasznar Fekete. With deep-seated strategic ingenuity and a command of seven languages, Fekete is a must for international patrons seeking to tie up multifaceted, potentially business-changing deals. She also makes a significant contribution to academic life as a lecturer, coordinator of courses and examining professor of doctoral theses. On the prosecution side, João Luis D’Orey Facco Vianna, Gustavo José Ferreira Barbosa and Tatiana Almeida Silveira are frontrunners. Vianna heads the patent group and is also qualified as a medical doctor. A consistently superior service together with excellent results can be expected when Barbosa is called in; the well-organised manager always finds ways to add value when handling electronics, information technology, aeronautics and industrial designs portfolios. Chemical engineer Silveira “reliably provides first-class support throughout the full application process”. “She is one of the most effective patent prosecutors in the country.”

Licks Attorneys

When landscape-altering litigations loom, Licks Attorneys tackles them with relish and a fearless attitude that warrants respect. Founding partner Otto Licks leads the line as “a true business partner”. “He devises creative strategies which achieve business objectives in complex issues. What’s more, his expert management of affairs on different timelines means he quickly gets to key issues in multilayered litigations.” Thriving in the firm’s commercially focused environment, Eduardo Hallak and Carlos Aboim are “an absolute delight to work with”. As well as tightening up Gilead Science’s patents in defence of invalidity claims, Hallak showcased his technical dexterity in negotiating technology transfer deals and drafting advantageous contracts for the company; Samsung Bioepis has also reaped rewards from his versatility in this regard. Aboim has had a busy year prosecuting for Nokia and Ericsson in with respect to 5G technology, and masterminding infringement and invalidation actions for global communications leader Ericsson.

Luiz Leonardos & Advogados 

Well-established, highly specialised boutique Luiz Leonardos & Advogados continues to prosper, with a new São Paulo office – strategically located in the city’s booming finance hub – helping to fuel its advancement. The firm would not be where it is today without the venerable Luiz Leonardos, who is uniformly admired for his innumerable contributions to patent law and policy. Likewise esteemed is Gustavo Starling Leonardos, a former executive president of the International Association for the Protection of Intellectual Property; he is a safe pair of hands when crucial business deals are in the pipe. The pair link up well and recently put on a tactical masterclass to overcome a patent office rejection for Scania, with a reimbursement of judicial and attorney fees. Both a contentious go-getter and a creative filer, Ana Paula Jardim is excelling in her new role as head of the patent practice. An electrical engineer by training, she gets applications over the finish line for commercial titans in the pharmaceutical, telecommunications and energy sectors.

Magellan IP

New kid on the block it may be, but Magellan IP’s rapid-fire ascent to the ranks of leading Brazilian patent firms is far from a stroke of luck. The set has an encyclopaedic knowledge of the Portuguese-speaking jurisdictions in which it operates, and founding partners Caio Rodrigues da Silva and Leonor Magalhães Galvão have a flair for driving up IP asset value in challenging markets, earning them the loyalty of global behemoths such as Uber Technologies. Head of designs Rodrigues da Silva architects robust protection for chemistry, pharmaceutical and medical device innovations. Galvão is particularly adept in the life sciences and brings 20 years of experience gained at some of Brazil’s most celebrated IP outfits to the table.

Montaury Pimenta, Machado & Vieira de Mello 

IP boutique Montaury Pimenta, Machado & Vieira de Mello is home to a large team of patent specialists from a broad spectrum of technical backgrounds, as well as many trademark experts; taking an integrated, multidisciplinary approach to IP practice, it delivers holistic solutions to clients with diverse portfolios. Luiz Edgard Montaury Pimenta is the captain of the ship. The current president of the Brazilian Association of Intellectual Property stays calm under pressure before Brazilian federal and state courts, and has secured some dazzling wins in invalidity actions in many sectors, include high-tech and oil and gas. Similarly, “when patents are under any kind of administrative or legal attack, Ana Paula Affonso Brito steps up to the mark in defence to maintain their presence”. She makes her well-deserved debut in the IAM Patent 1000 for 2020 thanks to her polished performances for energy, vehicle and medical technology companies. The prosecution stars in this constellation are chemical engineers Magnus Aspeby and Gabriela Salerno. Aspeby is the only person in Brazil to have passed the European qualifying exam and boasts extensive management experience. Salerno’s previous in-house experience at a Brazilian cosmetics leader makes her a prime choice for those seeking business-minded counsel. Silver-tongued negotiator Eduardo Magalhães Machado knows just how to bring parties together. The perspicacious senior partner is also a font of insight and analysis on legal, business and law firm market developments in Brazil and Latin America.

Müller Mazzonetto

The full-suite offering of Müller Mazzonetto pulls in a varied stream of instructions, though the firm particularly makes its presence felt in the pharmaceutical space. Founding partners Nathalia Mazzonetto and Karina Haidar Müller run a progressive, tight-knit unit; these dynamic practitioners have got the right play for all conceivable litigation and transactional scenarios. When they join forces, great things happen: the pair recently hammered out a favourable nullity outcome in federal court and got signatures on the dotted lines of several high-rolling contracts for Eurofarma Laboratórios. The prosecution department is fronted by technical and legal polymath Alexandre Fukuda Yamashita: “He is a diligent, well-educated and very reliable professional, whom you can trust to get the work done in the right way and on time.”

Murta Goyanes 

Murta Goyanes has impressive in-house technical capabilities and a deep commitment to meeting and exceeding the needs of clients. Fashion brand Osklen, shoe maker Alpargatas and top foreign associate HGF are just some recipients of its rich, well-rounded IP counsel and global portfolio management expertise. The engines of the practice are Antonio Murta Filho and Vinícius Casciano. Founding partner Murta is brilliant at defining far-sighted strategies and refining them to the twists and turns of the Brazilian IP landscape; he can also expedite matters to bring about desired outcomes in double-quick time. Pharmaceutical maven Casciano possesses a razor-sharp analytic mind and incisive regulatory knowledge. He works closely with inventors at the Federal University of Santa Catarina and medical centre Centro Infantil Boldrini to capture and protect innovations in fields such as oncology.

Ouro Preto Advogados

Compact, well-run boutique Ouro Preto Advogados focuses on quality, not quantity – a formula which has earned it the trust of big-name clients such as Bosch and Fiat. Though best known for its trademark and copyright proficiency, its patent capabilities are expanding significantly: the set has ramped up its investment in patent practice and recruited astutely, bringing on board seasoned professional Ricardo Boclin. He has settled in quickly to his new head of patents role and his client-first mentality is already winning fans. Boclin provides “a knowledgeable and timely service, and is especially good on drug and medical device technologies. His advice on patent and design applications is consistently excellent.”

Pinheiro Neto Advogados

Wielding broad and sophisticated legal and technical expertise, full-service outfit Pinheiro Neto is a premier destination for a star-studded stable of clients. Its knack for constructing bulletproof portfolios has prompted Intel, LG Electronics, Avent and the Massachusetts Institute of Technology to integrate its counsel into their Brazilian business plans. Top of mind is IP skipper José Mauro Decoussau Machado, an accomplished litigation and transactional professional who does licensing work for IBM.

SP Law 

SP Law eschews convention to conjure up creative strategic blueprints exclusively designed for key actors at the cutting edge of life sciences, healthcare and technology innovation. Blazing a trail is the entrepreneurial Benny Spiewak, who is keenly attuned to every market development and trend. The head of patents was the first port of call for the UK Intellectual Property Office to work up a toolkit to facilitate life sciences-based dialogue between the two nations for future collaboration projects. Big-ticket transactions are a forte of Spiewak: Teva Pharmaceuticals has trusted in his regulatory, legal and business advice for over a decade, and ABIMED also heeds his counsel on commercially consequential IP deals.

Trench Rossi Watanabe

Full-service firm Trench Rossi Watanabe enters the IAM Patent 1000 for 2020 in recognition of its intelligent strategic oversight of patent matters, industry know-how and superb dispute resolution skills. Head of the prosecution and litigation practices Marcela Trigo de Souza is the complete package. Recent beneficiaries of her guidance include Procter & Gamble and Biolab, for which she provided tactically astute portfolio advice; and pharmaceutical leaders Allergan and Pfizer, on whose behalf she prevailed in validity accusation scenarios threatening key IP assets. Not only a practised performer before the federal and state courts of Brazil, she has also advocated at the US Federal Circuit. Colleague Flavia Rebello shines for her transactional prowess: the head of department expertly advises clients on licensing and deals in the e-commerce and internet arenas.

Other recommended experts

Operating out of Lobo de Rizzo Advogados, Ana-Paula Celidonio “has a solid knowledge of patent law and a to-the-point approach, through which she gives a reliable and efficient service. She explains technical matters in a very understandable way for non-experts”. In myriad fields, Leonardo Cordeiro of Gruenbaum, Possinhas & Teixeira can pick up patent applications in any condition and get them on the quickest route to grant. IP boutique Soerensen Garcia has a biomedical whizz in Barbara Cattete Dias. While capable of undertaking the full range of patent duties, she is at her best managing complex prosecution matters. The co-head of intellectual property at TozziniFreire, Marcela Waksman Ejnisman has an intuitive appreciation of the telecommunications and technology industries, and partners effectively with companies seeking meaningful regulatory and business support. “Rafael Freire has an intricate understanding of prosecution mechanics, but also sees the bigger commercial picture.” Serving as ClarkeModet’s prosecution practice head, he does a brilliant job elevating the colleagues around him and cultivating lasting client relationships. Over a 30-year career, Veirano IP leader Valdir Rocha has produced stellar work across the contentious/non-contentious divide. “Valdir can be relied upon for any IP need – he is a go-to patent lawyer in Brazil, in whom you can place full trust.” Having worked at some of the biggest names in Brazilian intellectual property, engineer André Venturini now runs fresh and dynamic boutique Venturini IP. He displays “genuine concern for his clients and designs innovative, carefully measured strategies”.

Individuals: litigation

Individuals: prosecution

Individuals: transactions