Brazil

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

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

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

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20 Aug 2019

AI inventions: how to address the ownership issue

As technology evolves and alters many areas of day-to-day life, it also leads to new discussions among legal practitioners about the need to change current legislation. AI creates and enables a number of situations that demand a reevaluation of previous regulations – such as those for intellectual property – due to its complexity, innovative nature and the multiple functions it has. Read more

14 Aug 2019

3D printing in Brazil: opportunities for patenting

In light of global trends placing 3D printing at the forefront of the so-called ‘4.0 industry’, companies involved in advanced manufacturing should consider expanding into and investing in the Brazilian market. New research suggests that there is an opportunity for businesses in Brazil to benefit from this technology without infringing third-party rights. Read more

6 Aug 2019

Expert evidence in patent actions: should this be a necessity?

Expert evidence is a type of proof provided in Articles 464 to 480 of the Brazilian Civil Procedure Code. An expert assists the judge in order to help them form their understanding of the facts in the case, as this sometimes requires specialised technical and/or scientific knowledge. This process is not carried out for patent-related actions and there is concern among IP professionals that this is having a detrimental effect on court decisions. Read more

31 Jul 2019

Confirmed: protection for medicines mailbox patents is 20 years from the filing of the application | Brazil

The general rule of the Industrial Property Law is that patents are valid for 20 years from the date of filing. However, the same law provides that the term must not be less than 10 years from the date of grant. This has caused a great deal of confusion. However, the stance on the validity of mailbox patents has been clarified in a recent decision. Read more

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Law & Policy

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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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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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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

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

Find an expert

Victor Garrido
Head of Patents
Mexico City, Mexico
Dumont