Brazil

Monsanto prevails in key $7.7 billion Brazilian licensing lawsuit

In a big win for patent owners, the first-of-its-kind ruling upholds biotech innovators’ rights to collect royalties on saved GM seeds

Monsanto prevails in key $7.7 billion Brazilian licensing lawsuit
30 Sep 2019

Europe and Latin America moving to marriage, but IP could be grounds for divorce

The recent trade accord agreed in principle between the EU and Mercosur promises to deliver significant benefits, but political controversies around issues such as data protection and SPCs mean that the deal is not yet sealed

4 Sep 2019

The how's and why's of shutting out patent infringers in the Americas 

While injunctions are valuable instruments their availability varies widely around the world. In the first of a three-part analysis of the global landscape we focus on the three most populous countries in the Americas: the US, Mexico and Brazil

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13 Nov 2019

The burden of proof in patent lawsuits

While the Civil Procedure Code clearly states that plaintiffs must produce evidence on contested issues, this can be reversed if it is impossible or excessively difficult for the plaintiff to perform the duty or when evidence can be easily obtained by the other party Read more

30 Oct 2019

Brazilian Senate Bill: no longer possible to extend patent validity beyond filing date

Senate Bill 437/2018, which seeks to amend the Brazilian Industrial Property Law, is being processed by the National Congress. It proposes to eliminate any doubts about the applicable term of validity and means that rights holders will no longer be able to enjoy patent exclusivity for more than 20 years. Read more

23 Oct 2019

The barriers to obtaining a patent for Cannabis sativa-based drugs

Motivated by the increasing demand for patients who use cannabis for therapeutic purposes and the need to import the product, the Brazilian Health Surveillance Agency has launched two public consultation proposals, which aim to create clear and transparent rules on technical requirements for cannabis-based drugs. Read more

9 Oct 2019

Use of Brazilian IP system by start-ups: filing numbers and main areas of interest

The National Institute of Industrial Property (INPI) has released a report entitled “Use of Industrial Property System by Start-ups”, which combines data provided by the Brazilian Association of Start-ups with information in the INPI and Federal Revenue databases to analyse the use of industrial and intellectual property by start-ups in Brazil. The report found a relatively low number of IP mechanisms in use but determined that the most popular field among start-ups is IT services. Read more

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Law & Policy

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30 Aug 2019

Trespassing prohibited

The availability of injunctive relief varies widely around the world. In our first analysis of the global injunction landscape we lift the lid on which jurisdictions provide the best opportunity for a sales ban Read more

22 Jul 2019

Brazilian patent office announces measures to tackle massive backlog

Much greater use of foreign search reports is probably the biggest change - but there are doubts as to how effective the measures will be Read more

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.  Read more

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

Litigation

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30 Aug 2019

Trespassing prohibited

The availability of injunctive relief varies widely around the world. In our first analysis of the global injunction landscape we lift the lid on which jurisdictions provide the best opportunity for a sales ban Read more

8 Aug 2019

Key pharma and agrochemical patents under threat in Brazil after court ruling

Owners face having the terms of their so-called mailbox rights reduced after decision overturns rules designed to counter chronic applications backlog at the country’s IP office Read more

30 Nov 2018

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 Read more

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 Read more

Market Developments

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8 Aug 2019

Key pharma and agrochemical patents under threat in Brazil after court ruling

Owners face having the terms of their so-called mailbox rights reduced after decision overturns rules designed to counter chronic applications backlog at the country’s IP office Read more

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.  Read more

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

Non practising entities

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30 Nov 2018

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 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

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Christoph Walke
Equity Partner
Dusseldorf, Germany
Cohausz & Florack