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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

25 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.

11 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.

04 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.

30 August 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

28 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.

20 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.

14 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.