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12 October 2016

Protecting healthcare inventions and investment: challenges for patent regimes

Innovation in life sciences is a key driver of human wellbeing. However, the efforts required to bring new drugs, devices and other healthcare technologies to market are increasingly burdensome from both the scientific and investment perspectives. …

12 October 2016

Recent IP developments in Venezuela

Since Venezuela withdrew from the Andean Community in 2006, the applicable law has been the Industrial Property Law 1955, which is outdated. Nevertheless, Venezuela is a signatory to various international agreements, such as the Paris Convention for…

05 October 2016

Patents in Brazil: Part 5 – current developments

The National Sanitary Surveillance Agency (ANVISA) has introduced a new workflow for pharmaceutical patent applications. Under the new process, pharmaceutical cases are sent directly to ANVISA for examination in order to deal with public health issues. ANVISA examiners determine whether an application poses risks to public health.

30 September 2016

The growth and benefits of specialised jurisdictions for IP cases

A growing number of countries have specialised IP courts, but their powers are varied and they are organised in different ways

28 September 2016

Patents in Brazil: Part 4 – prosecution and opposition

The grant or issue of a patent can be challenged by a third party within six months of the grant or issue date. A decision rendered by the patent examiner granting, rejecting or shelving the patent application may be appealed to the president of the Brazil Patent and Trademark Office.

21 September 2016

Patents in Brazil: Part 3 – licensing

Licence agreements are subject to recordation at the Brazil Patent and Trademark Office (BPTO) in order to produce effects against third parties and whenever payment is remitted abroad. In the process of recording, the BPTO may provide limitations on which parties may agree.

14 September 2016

Patents in Brazil: Part 2 – amendment

No amendments are allowed after a patent grant. However, a patentee may apply for a certificate of addition to protect an improvement or development introduced in the subject matter of the invention.

07 September 2016

Patents in Brazil: Part 1 – enforcement

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.

31 August 2016

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.

20 July 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.

29 June 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.

22 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.

01 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.

25 May 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 Industrial Property Magazine 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.

24 May 2016

Chapter 18 of TPP hits the Mexican life sciences industry

Just a few years ago, the Mexican government was experiencing its best period in decades. Voices from around the globe were cheering the financial, trade and political reforms announced by President Peña Nieto at the beginning of his mandate –…