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10 January 2018

Pulling the plug on INPI’s patent backlog

The government is expected to launch an emergency measure to eliminate the Brazilian Patent and Trademark Office’s patent backlog by automatically granting 231,000 pending non-pharmaceutical applications.

12 October 2017

The IT continuum: challenges to IP and relationship management

The Internet of Things (IoT), big data analytics and artificial intelligence (AI) are IT mega-trends that are not only evolving rapidly, but also infiltrating practically every industry, including agriculture, transformation industries, healthcare…

09 August 2017

Government may grant 230,000 pending patent applications to eliminate backlog

The government is considering an emergency measure to eliminate the Brazilian Patent and Trademark Office’s chronic patent backlog by automatically granting 230,000 pending applications by 2020.

13 June 2017

IP rights protection and enforcement strategies for plant innovations in Mexico

Biotechnology has made significant contributions to the advancement of medicine, agriculture and industry. This includes both the development of naturally occurring materials (eg, genetically engineered biological materials) and the enhancement of…

24 May 2017

Unilever decision discourages technical development

The Superior Court of Justice recently issued a decision which reversed 40 years of economic policy and may significantly discourage business and technological development in Brazil.

08 March 2017

Franchising in Brazil

Franchising in Brazil is governed by specific legislation. However, as a business that interacts with other legal areas, a network of regulations ‒ including the Industrial Property Law ‒ must also be observed. While the main thrust of these laws is to ensure a competitive marketplace, there are also significant provisions on protecting trade secrets and know-how.

21 December 2016

Trade dress: a broad umbrella of protection

The Internet of Things allows objects to be sensed or controlled remotely across existing network infrastructure. As in any competitive market, original and innovative products or services – if successful – will attract unwanted attention from copycats, and a better understanding of how these can be protected by trade dress can thus be crucial.

14 December 2016

New regulation encourages life sciences innovation

The Biodiversity Law provides for access to genetic heritage, protection and access to associated traditional knowledge and the sharing of benefits for the conservation and sustainable use of biodiversity. Access to genetic heritage is strategic for R&D, providing opportunities for competitive advantage in domestic and international markets.

12 October 2016

Counterfeiting: a 21st-century crime

The first time I visited China, I toured a night market with numerous vendors offering all sorts of counterfeit goods: clothing, watches, shoes, umbrellas, bags, perfumes, electrical appliances, DVDs, CDs, computer software and games. As an IP…

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.