Brazil

Local players make case for Brazil as monetisation hub although spectre of huge patent backlog looms large

Inaugural IPBC Latin America throws spotlight on untapped potential of region’s largest economy although Volkswagen’s long wait for grants underline challenges that rights owner face in country

Local players make case for Brazil as monetisation hub although spectre of huge patent backlog looms large
24 Sep 2018

Postponement of ruling on key pharma “pipeline patents” case leaves Brazilian life sciences industry in lurch

Supreme Court has taken nearly a decade to rule on a constitutional challenge to a controversial law allowing pharma companies to bypass the regular patenting process

20 Jul 2018

China and South Korea will displace the West as the world’s innovation leaders by 2029

New report claims status of US, EU and UK as leading innovators under threat as they struggle to maximise return on R&D investment. 

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17 Apr 2019

INPI launches the first manual for industrial designs 

The National Institute of Industrial property has issued its first Manual for Industrial Designs, which consolidates guidelines and examination proceedings for industrial design applications. It came into force on 9 March 2019 and provides significant guidance for examiners and attorneys as well as general users of the industrial design system. Read more

10 Apr 2019

20 years of the Brazilian Generics Law

The Brazilian Generics Law has altered the landscape of the Brazilian pharmaceutical industry by regulating the entry of generics into the market and thus reducing health treatment costs and increasing the nation’s access to medicines. Not only has it improved the wellbeing of the population, it is also an efficient mechanism for technology transfer. Read more

27 Mar 2019

INPI prioritises examination of AIDS, cancer, neglected and rare disease-related inventions

The National Industrial Property Office is prioritising the examination of applications for pharmaceutical products and processes to inventions directed at Zika and Chikungunya, as well as rare diseases. The intervention is crucial given that the current backlog is between eight and 10 years deep. Read more

20 Mar 2019

An overview of the INPI’s measures to reduce the patent backlog

The backlog of pending patent applications is a huge concern for the Brazilian National Industrial Property Office and is having a severe knock-on effect on applicants. By the end of 2015, 242,223 patent applications were still pending a decision in the first instance. Read more

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Law & Policy

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25 May 2018

Medical use of cannabinoids – analysis of Brazilian authorities’ position

The medical use of cannabidiol – one of several cannabinoids found in plants belonging to the cannabis genus – has increased significantly over the past two decades. Read more

Market Developments

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20 Jun 2018

IPBC Latin America to be held in Rio de Janeiro on 29th November

New addition to IPBC family to throw spotlight on IP strategy and value creation in the region.  Read more

Strategy

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20 Jun 2018

IPBC Latin America to be held in Rio de Janeiro on 29th November

New addition to IPBC family to throw spotlight on IP strategy and value creation in the region.  Read more

Trademarks

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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. Read more

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. Read more

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. Read more

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