Region: Brazil

INPI decision clarifies when a preferential right to registration can be claimed

There has been confusion with regard to when an applicant can claim the preferential right to registration of a trademark. However, a fresh case provides some much-needed clarity.

17 November 2021

National IP Strategy aims to make Brazil a world-class hub for innovation

Brazil is seeking to improve its IP system by creating a National IP Strategy designed to stimulate innovation. This strategy aims to position Brazil among the 10 countries with the highest number of IP protection requests within the next decade.

27 October 2021

Position trademarks are now available for registration in Brazil

The Brazil National Institute for Industrial Property is now processing position marks. While some of the details still need to be ironed out, permitting such marks for registration signals a great step forward for brand protection in the country.

06 October 2021

INPI introduces new proceedings now that ANVISA´s prior approval for pharma patents is over

Brazil’s recent overhaul of its procedures for handling patents is well underway. So far it is yielding positive results, especially with regard to pharmaceutical and biotechnology patents.

22 September 2021

Pharmaceutical patent applications are no longer subject to ANVISA’s prior approval

As the Brazilian Ministry of Economy looks to boost the country’s market by introducing new legal measures, pharmaceutical patent holders and future applicants will no longer be required to go through two regulatory bodies. This should make obtaining patent approval in Brazil a much smoother process.

08 September 2021

Bolsonaro vetoes Brazil’s first-of-a-kind compulsory tech transfer law

The president’s rejection of forced know-how licensing will now be reviewed by the country’s Congress, but a new patent suspension regime is set to come into force

03 September 2021

Brazil on the cusp of passing landmark compulsory technology transfer law

Life sciences innovators may be compelled to hand over trade secrets, data and biological materials under legislation that now only requires President Bolsonaro’s signature to become law

19 August 2021

How innovators hit by Brazil’s shortened patent terms can mitigate their impact

The Long Read: Since the country's Supreme Court curtailed thousands of rights in May, those who hold them have been scrambling for ways to maintain their income streams. Ricardo Nunes explores the best options for those affected by the changes

11 August 2021

Moving towards the compulsory licensing for exploiting Brazilian pharmaceutical patents for the treatment of covid-19

The House of Representatives has approved draft bill 12/2021, with some amendments. The bill creates a two-step compulsory licensing process and amends the provisions of the Brazilian Patent Statue (9.279/1996) on compulsory licensing of patents in cases of national emergency or public interest.

11 August 2021

New legal framework for business brings important changes to patents and trade names

Provisional Measure No 1040/2021 has great potential to improve the business environment in Brazil. In particular, it will have a positive impact on patents and trade names.

04 August 2021

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