Market Insight

Updates from an international team of correspondents who report on recent developments in IP law and practice in their home jurisdictions, as well as strategic issues and those relating to finance, dealmaking and valuation.

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Brazil

New 19 JANUARY 2022

Phase III of the PPH programme comes into effect

Brazil has consolidated its effective Patent Prosecution Highway strategy by extending the number of applications that can be submitted to the National Institute of Industrial Property.

12 JANUARY 2022

Brazil starts 2022 with a fresh national IP strategy

The long-awaited 10-year strategy, which is designed to improve the IP system in Brazil with the civil and governmental support, has finally come into force.

24 NOVEMBER 2021

Phase II of Brazilian PPH hits its limit

Brazil has enjoyed consistent success with PPH programmes, as evidenced by Phase II of the programme starting and finishing considerably earlier than anticipated.

17 NOVEMBER 2021

INPI decision clarifies when a preferential right to registration can be claimed

There has been confusion with regard to when an applicant can claim the preferential right to registration of a trademark. However, a fresh case provides some much-needed clarity.

27 OCTOBER 2021

National IP Strategy aims to make Brazil a world-class hub for innovation

Brazil is seeking to improve its IP system by creating a National IP Strategy designed to stimulate innovation. This strategy aims to position Brazil among the 10 countries with the highest number of IP protection requests within the next decade.

06 OCTOBER 2021

Position trademarks are now available for registration in Brazil

The Brazil National Institute for Industrial Property is now processing position marks. While some of the details still need to be ironed out, permitting such marks for registration signals a great step forward for brand protection in the country.

22 SEPTEMBER 2021

INPI introduces new proceedings now that ANVISA´s prior approval for pharma patents is over

Brazil’s recent overhaul of its procedures for handling patents is well underway. So far it is yielding positive results, especially with regard to pharmaceutical and biotechnology patents.

08 SEPTEMBER 2021

Pharmaceutical patent applications are no longer subject to ANVISA’s prior approval

As the Brazilian Ministry of Economy looks to boost the country’s market by introducing new legal measures, pharmaceutical patent holders and future applicants will no longer be required to go through two regulatory bodies. This should make obtaining patent approval in Brazil a much smoother process.

11 AUGUST 2021

Moving towards the compulsory licensing for exploiting Brazilian pharmaceutical patents for the treatment of covid-19

The House of Representatives has approved draft bill 12/2021, with some amendments. The bill creates a two-step compulsory licensing process and amends the provisions of the Brazilian Patent Statue (9.279/1996) on compulsory licensing of patents in cases of national emergency or public interest.

04 AUGUST 2021

New legal framework for business brings important changes to patents and trade names

Provisional Measure No 1040/2021 has great potential to improve the business environment in Brazil. In particular, it will have a positive impact on patents and trade names.

14 JULY 2021

INPI and National Council of Justice come together to further improve Brazilian judiciary specialisation in IP matters

The National Council of Justice and the Brazilian National Institute of Industrial Property have signed a technical cooperation agreement, which will provide IP training for magistrates and foster direct communication between the two institutions – a clear signal that Brazil is making strides to improve its IP landscape.

30 JUNE 2021

New legal framework for start-ups sets its sights on intellectual property

A new system designed to encourage entrepreneurship and investment in start-ups in Brazil has introduced a simplified regime for registering trademark applications and granting patent applications before the Brazilian National Institute for Industrial Property.

16 JUNE 2021

AI and machine learning – what is patentable in Brazil?

As AI technology becomes more widely available, the number of AI-related patents is also on the rise. But how is Brazil, a country with a huge patent examination backlog, keeping up with global developments in AI patent rules?

02 JUNE 2021

INPI public consultation opens the door to registration of position marks

The Brazilian Institute of Industrial Property has been implementing significant institutional and operational changes for the past two years in order to improve its standing among the leading IP institutes in the world.

26 MAY 2021

Effects of the constitutional challenge of Brazilian patent term protection

A ruling from the Supreme Court has introduced some changes to Brazilian patent term protection. Applicants need to review their Brazilian patent portfolio to ascertain the ones affected by the ruling and to check pending applications where an existing fast-track routes might apply.

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