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18 December 2019

US lawmakers sound alarm on China’s WIPO ambitions

China has nominated agency insider Wang Binying for the director general post, but the US is said to favour Singapore's candidate

11 December 2019

Intervention of third parties in patent nullity actions

Lawsuit judgments tend to affect the parties of the legal proceeding only, as they have participated in the constitution of a specific res judicata. However, in some cases, a decision has an impact on legal positions beyond those originally part of the proceeding – namely, on third parties’ legal interests. This is often the case in patent nullity actions.

05 December 2019

Biologics exclusivity may be sacrificed to seal NAFTA 2.0 deal

Trump administration said to be considering weakening provisions to break political gridlock over USMCA

05 December 2019

The search for the world's leading IP strategists is on

IAM is currently seeking nominations for individuals to be considered for the 2020 edition of the Strategy 300 - our unique guide to the men and women who excel in the creation of IP value

04 December 2019

Protecting Brazilian biodiversity and its relationship with the patent system

Biodiversity in Brazil has significant potential to treat many diseases and health problems. As such, it is of great importance in the R&D of drugs and compounds, which are protectable by patents. However, legislation on national genetic heritage must be accurately observed when filing for a patent.

27 November 2019

Technology patents present a new challenge for INPI

Brazil has dropped significantly in international innovation rankings, now occupying the lowest positions in these boards. There is debate over the reason for the lack of development in the tech sector, especially with regard to patents based on AI and machine-learning technologies. However, the political situation and the National Institute of Industrial Property’s huge patent backlog are widely believed to be behind the fall.

20 November 2019

Fast-track examination for patents in Brazil: INPI launches unified Patent Prosecution Highway programme

On 22 October 2019 INPI launched Resolution 252/2019, which merges the rules and procedures of all the current Patent Prosecution Highway (PPH)  pilot projects. All previous PPH pilot programmes will be revoked on 30 November 2019. According to INPI, the resolution aims to simplify procedures for both users and the office and expands the potential of these agreements, with the aim of reducing the patent backlog.

13 November 2019

The burden of proof in patent lawsuits

While the Civil Procedure Code clearly states that plaintiffs must produce evidence on contested issues, this can be reversed if it is impossible or excessively difficult for the plaintiff to perform the duty or when evidence can be easily obtained by the other party

08 November 2019

A snapshot of the global patent landscape in eight charts  

A recently issued WIPO report based on multiple data points sheds light on the state of play in worldwide patenting activity

05 November 2019

Monsanto prevails in key $7.7 billion Brazilian licensing lawsuit

In a big win for patent owners, the first-of-its-kind ruling upholds biotech innovators’ rights to collect royalties on saved GM seeds

23 October 2019

The barriers to obtaining a patent for <em>Cannabis sativa</em>-based drugs

Motivated by the increasing demand for patients who use cannabis for therapeutic purposes and the need to import the product, the Brazilian Health Surveillance Agency has launched two public consultation proposals, which aim to create clear and transparent rules on technical requirements for cannabis-based drugs.

11 October 2019

Data reveals strong growth in the number of female inventors, but there is still a long way to go

A report by the UK IP Office finds more women named on patents than ever before – but also that they remain woefully under-represented. We present the top takeaways from a very timely study

09 October 2019

Use of Brazilian IP system by start-ups: filing numbers and main areas of interest

The National Institute of Industrial Property (INPI) has released a report entitled “Use of Industrial Property System by Start-ups”, which combines data provided by the Brazilian Association of Start-ups with information in the INPI and Federal Revenue databases to analyse the use of industrial and intellectual property by start-ups in Brazil. The report found a relatively low number of IP mechanisms in use but determined that the most popular field among start-ups is IT services.

02 October 2019

Early production of evidence can be invaluable when deciding whether to litigate

The Code of Civil Procedure establishes a mechanism for the early production of evidence, enabling its use as a crucial instrument for prior assessment in patent infringement scenarios, in which technical evidence can play a decisive role.

30 September 2019

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