Region: Latin America & Caribbean

Europe and Latin America moving to marriage, but IP could be grounds for divorce

The recent trade accord agreed in principle between the EU and Mercosur promises to deliver significant benefits, but political controversies around issues such as data protection and SPCs mean that the deal is not yet sealed

30 September 2019

Biotech patenting by domestic applicants – do we need a Brazilian depository authority?

The National Institute of Industrial Property has released a new study, which assessed patent applications in the biotech sector filed by national applicants between 2010 and 2016. It aims to verify the demand for a Brazilian institution that serves as a depository for biological material under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

25 September 2019

Brazilian plan to tackle patent backlog: perspectives and preliminary results

In the last decade, a tremendous patent backlog has accumulated at the National Institute of Industrial Property, which has made the patent application system less appealing. However, the Patent Backlog Combat Plan launched in July aims to reduce the patent backlog by 80% by 2021 and decrease the time to reach a final decision to two years from the examination request.

11 September 2019

The how's and why's of shutting out patent infringers in the Americas

While injunctions are valuable instruments their availability varies widely around the world. In the first of a three-part analysis of the global landscape we focus on the three most populous countries in the Americas: the US, Mexico and Brazil

04 September 2019

Boost for bill that would accelerate patent examination and reduce backlog

A bill that proposes amending the Industrial Property Law by allow public-private partnerships and agreements with the National Institute of Industrial Property in an attempt to reduce Brazil’s patent examination backlog has been given the thumbs up by the Commission of Economic Development, Industry, Commerce and Services.

04 September 2019

Trespassing prohibited

The availability of injunctive relief varies widely around the world. In our first analysis of the global injunction landscape we lift the lid on which jurisdictions provide the best opportunity for a sales ban

30 August 2019

INPI issues official report on Ministry of Health priority examination

In July 2019 the National Institute of Industrial Property (INPI) issued an official statistic report on the priority examination of patent applications requested by the Ministry of Health in relation to a number of drugs of interest to the public health policy. The report demonstrates the results of one of the measures adopted by INPI to speed up the examination of patent applications.

28 August 2019

AI inventions: how to address the ownership issue

As technology evolves and alters many areas of day-to-day life, it also leads to new discussions among legal practitioners about the need to change current legislation. AI creates and enables a number of situations that demand a reevaluation of previous regulations – such as those for intellectual property – due to its complexity, innovative nature and the multiple functions it has.

20 August 2019

3D printing in Brazil: opportunities for patenting

In light of global trends placing 3D printing at the forefront of the so-called ‘4.0 industry’, companies involved in advanced manufacturing should consider expanding into and investing in the Brazilian market. New research suggests that there is an opportunity for businesses in Brazil to benefit from this technology without infringing third-party rights.

14 August 2019

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

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