Region: Brazil

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.

31 August 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.

20 July 2016

Best practices for patenting antibodies

There are several rules to watch out for when seeking patent protection for antibodies in Brazil. Although Brazilian practice in this regard is inspired by European practice, most practitioners agree that it comes with several restrictions.

29 June 2016

New possibilities for applying for priority examination at the BRPTO

In recent months the Brazilian Patent and Trademark Office has taken steps to try to reduce the enormous backlog of pending patent applications. Its latest initiatives in this regard are the updated Priority Examination Resolution for patent applications and the Priority Pilot Project BR.

22 June 2016

Protecting biotechnology inventions

The many uses and benefits of biotechnology inventions are increasingly attracting investors. A major incentive for biotech innovation in Brazil, particularly in the healthcare field, is the high degree of cooperation between public institutions and private companies. Biotechnology plays an important role in the Brazilian economy and for this reason Brazil is a high priority for companies when crafting IP strategies.

01 June 2016

How can BRPTO users help to reduce the patent backlog?

The Brazilian Patent and Trademark Office (BRPTO) has published its 2015 patent statistics. Of nearly 16,000 decisions published in the <i>Industrial Property Magazine</i> during the year, around 57% of cases were shelved and only 0.6% were officially withdrawn. Much of the backlog stems from parties failing to take the correct action.

25 May 2016

Pharmaceutical selection inventions: PTO and ANVISA opinions

The Brazilian Patent and Trademark Office has proposed changes to the patent application examination guidelines discussing certain conditions that should be considered when examining a selection invention, and providing guidance for the examiners in such cases. A selection invention is one in which a single element or small segment within a broad known group is selected and claimed in an independent way.

18 May 2016

Major change introduced for patent-related injunctions

Historically in Brazil, it is rare to obtain a preliminary injunction in a patent case. However, the new Brazilian Civil Procedural Code, which came into force in 2015, radically changed the situation.

11 May 2016

Biotechnology patents: problems and expectations

At least 14 drugs are protected by patents that benefit from Article 40 of the Industrial Property Law, which states that the duration of patent protection must be at least 10 years from the date of grant. For both domestic and foreign companies, biotechnology is the greatest source of innovation for their products.

04 May 2016

PTO toughens its stance against ANVISA patent activity

The Industrial Propriety Law requires the National Health Surveillance Agency (ANVISA) to give prior approval for the grant of invention patents involving pharmaceutical products and processes. However, in a recent case the Brazilian Patent and Trademark Office demonstrated a clear position not only against ANVISA carrying out patentability examinations, but also against the relevant legal provision.

27 April 2016

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