Region: Brazil

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

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

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

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

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

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

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 during the year, around 57% of cases were shelved and only 0.6% were officially withdrawn.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

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

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

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