Region: Brazil

Government may grant 230,000 pending patent applications to eliminate backlog

The government is considering an emergency measure to eliminate the Brazilian Patent and Trademark Office’s chronic patent backlog by automatically granting 230,000 pending applications by 2020.

09 August 2017

Unilever decision discourages technical development

The Superior Court of Justice recently issued a decision which reversed 40 years of economic policy and may significantly discourage business and technological development in Brazil.

24 May 2017

Franchising in Brazil

Franchising in Brazil is governed by specific legislation. However, as a business that interacts with other legal areas, a network of regulations ‒ including the Industrial Property Law ‒ must also be observed. While the main thrust of these laws is to ensure a competitive marketplace, there are also significant provisions on protecting trade secrets and know-how.

08 March 2017

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.

21 December 2016

New regulation encourages life sciences innovation

The Biodiversity Law provides for access to genetic heritage, protection and access to associated traditional knowledge and the sharing of benefits for the conservation and sustainable use of biodiversity. Access to genetic heritage is strategic for R&D, providing opportunities for competitive advantage in domestic and international markets.

14 December 2016

Patents in Brazil: Part 5 – current developments

The National Sanitary Surveillance Agency (ANVISA) has introduced a new workflow for pharmaceutical patent applications. Under the new process, pharmaceutical cases are sent directly to ANVISA for examination in order to deal with public health issues. ANVISA examiners determine whether an application poses risks to public health.

05 October 2016

Patents in Brazil: Part 4 – prosecution and opposition

The grant or issue of a patent can be challenged by a third party within six months of the grant or issue date. A decision rendered by the patent examiner granting, rejecting or shelving the patent application may be appealed to the president of the Brazil Patent and Trademark Office.

28 September 2016

Patents in Brazil: Part 3 – licensing

Licence agreements are subject to recordation at the Brazil Patent and Trademark Office (BPTO) in order to produce effects against third parties and whenever payment is remitted abroad. In the process of recording, the BPTO may provide limitations on which parties may agree.

21 September 2016

Patents in Brazil: Part 2 – amendment

No amendments are allowed after a patent grant. However, a patentee may apply for a certificate of addition to protect an improvement or development introduced in the subject matter of the invention.

14 September 2016

Patents in Brazil: Part 1 – enforcement

In Brazil, enforcement is a matter of state jurisdiction. Each Brazilian state has a state court system and therefore infringement lawsuits can be filed before any state court, provided that other rules of civil procedure are observed. As a general rule, infringement lawsuits must be filed in the state where the accused infringer has its principal place of business or in any place where acts of infringement occurred.

07 September 2016

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