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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29 May 2019

Amending patent applications after examination requests: the controversy continues

The 25th Federal Court of Rio de Janeiro has handed down a decision on the Federal Public Prosecutors Office’s (MPF) public civil action against the National Institute of Industrial Property (INPI) to challenge Resolution 93/2013, which used provisions from Article 32 of the IP Law. The court ruled in favour of INPI; the MPF has subsequently appealed. Read more

13 May 2019

New chemical and pharmaceutical guidelines – a year on: what has changed?

In January 2018 the Brazilian Patent and Trademark Office published completely new Guidelines for Examination of Patent Applications in the Chemistry Field. Read more

8 May 2019

INPI’s role in patent nullity actions – which side will it choose?

The National Institute of Industrial Property’s (INPI) standing in nullity actions has been raised before federal courts in the past few years, with the understanding that it is a defendant, rather than a mere assistant, in proceedings seeking the annulment of its administrative acts. However, a recent decision handed down by the Superior Court of Justice sheds new light on this issue. Read more

1 May 2019

CAS collaborates with INPI to help battle patent backlog

The Brazilian National Institute of Industrial Property has announced a partnership with CAS, a division of the American Chemical Society that specialises in scientific information solutions. It is hoped that CAS’s information systems will help to speed up patent application processes and reduce the backlog that has hampered the patent system for years. 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