Region: Brazil

Key pharma and agrochemical patents under threat in Brazil after court ruling

Owners face having the terms of their so-called mailbox rights reduced after decision overturns rules designed to counter chronic applications backlog at the country’s IP office

08 August 2019

Expert evidence in patent actions: should this be a necessity?

Expert evidence is a type of proof provided in Articles 464 to 480 of the Brazilian Civil Procedure Code. An expert assists the judge in order to help them form their understanding of the facts in the case, as this sometimes requires specialised technical and/or scientific knowledge. This process is not carried out for patent-related actions and there is concern among IP professionals that this is having a detrimental effect on court decisions.

06 August 2019

Confirmed: protection for medicines mailbox patents is 20 years from the filing of the application | Brazil

The general rule of the Industrial Property Law is that patents are valid for 20 years from the date of filing. However, the same law provides that the term must not be less than 10 years from the date of grant. This has caused a great deal of confusion. However, the stance on the validity of mailbox patents has been clarified in a recent decision.

31 July 2019

Possible changes to patent litigation battleground in Brazil

The Centre for Legal Studies of the Council of the Brazilian Federal Justice recently issued 35 amendments to the business law regime. Nine of these amendments were in connection with IP issues and the changes represent a turning point in venue jurisdiction for IP lawsuits.

24 July 2019

Brazilian patent office announces measures to tackle massive backlog

Much greater use of foreign search reports is probably the biggest change - but there are doubts as to how effective the measures will be

22 July 2019

Superior Court of Justice finds AIDs medication patent granted under pipeline system valid, despite administrative error

The Superior Court of Justice has deemed an AIDS medication patent to be valid, despite an administrative flaw in its analysis procedure before the National Institute of Industrial Property. The court stated that administrative errors in patent nullity actions should be treated individually and, in this case, affirmed that the expected result was achieved.

17 July 2019

New legislative bill could be the answer to patent backlog

The Brazilian National Congress is currently processing a legislative bill, which seeks to amend the Industrial Property Law. If approved, it will give the National Institute of Industrial Property a great deal more autonomy and accelerate the examination of trademark and patent applications.

03 July 2019

Specialised courts in IP matters ensure greater protection for rights holders in Brazil

Intellectual property is of strategic and fundamental importance in the contemporary world and a robust IP protection regime is essential for any country that wishes to establish itself as a world economic power. The creation of specialised courts to decide IP lawsuits in Brazil has been a crucial step in ensuring high-quality decisions and reducing the duration of litigation.

26 June 2019

Patent infringement actions: the grey area of statutes of limitations

Establishing a statute of limitations for judicial claims is a fundamental part of any law that foresees indemnification for damages. However, courts have not been able to form a solid understanding on the milestones when it comes to patent damages. Currently there are three positions, based on the precise moment that a company becomes unequivocally aware of the violation of its patent.

19 June 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.

29 May 2019

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