COVID-19 and the response of the intellectual property system

PRESENTATIONS

Daniel Advogados has not stopped amid the global pandemic caused by COVID-19, Coronavirus. We have mobilized our team to work from home in record time and, in just two days, we managed to get all employees at our offices in Rio de Janeiro and São Paulo working remotely and safely at home since March 16th.

We are committed to taking care of our employees, respecting diversity and valuing the health and well-being of all. We have taken several other measures to assist our people during this isolation Time. For example, we have provided the opportunity of transferring the benefit of meal vouchers to food vouchers, helping everyone to maintain a nutritional diet.

Psychological support is available for our teams. We encourage meetings and internal gatherings to foster digital interaction and also the practice of physical exercise and Yoga, with online classes.

Our CEO, Alicia Daniel-Shores, maintains direct contact with the teams, leading our actions and keeping us confident that we will overcome this difficult phase.

We have set up a task force intended to keep employees, partners, clients and society informed about the impacts of COVID-19 in the legal world.

We are keeping our hope and work up at Daniel. Our lives cannot stop. We believe that we will emerge from this crisis even stronger. Therefore, we take every care determined by the World Health Organization.

We believe that those who understand the law have a duty to assist society, providing skilled clarification. The law regulates our lives and is a valuable tool to get through this crisis, avoiding greater losses for everyone.

In this publication, we have brought together part of the content that we have been producing and sharing on our social media to clarify the main queries about the legal impact of COVID-19 in the areas of intellectual property, digital law and innovation.


FUNCTIONING OF ORGANIZATIONS AND COURTS

Despite the constant updating of this information over the past few months, we have listed some content that may be useful about the functioning of bodies and entities with public functions related to the areas of activity of Daniel Advogados, during the period of social isolation.

If you want to check the full information, visit our website:

https://www.daniel-ip.com/en/articles/covid-19-and-the-response-of-the-intellectual-property-system/

 

PATENTS

The debate in ways to encourage research, to promote and develop it, and even on the role of science itself, has gained prominence amid the pandemic caused by COVID-19.

Issues such as the relevance of patents, the need for protection and compulsory licensing, in addition to regulations involving the population’s access to drugs, have gained special attention never before seen by the Life Sciences market.

In view of this scenario, the BPTO suspended its deadlines from March to May. However, it has maintained its guidelines for combating the backlog and has been seeking to increasingly reduce the time to register solutions combating COVID-19. Note the organization’s own data available on September this year, which has been constantly updated since its first publication in March 2020, as the activities of the agency:

 

According to the Industrial Property Journal (RPI), the BPTO is maintaining strong productivity during the teleworking regime with more than 10.000  patent orders (including decisions).

 

The search for a cure or vaccine for COVID-19 demands the combined effort of public bodies, such as the BPTO, research and innovation institutes and companies, who hold intellectual property rights. The entire production chain is committed to developing, in record time, drugs and medical equipment that meet market demand.

Some clarifications about the ownership of rights are important:

  1. Anyone who develops a solution different from others, and which complies with the requirements for patentability set forth by the BPTO, may apply for a patent for their drug or technological equipment.
  2. The existence of two patents for different drugs that have the effect of curing the disease caused by COVID-19 is possible.
  3. Whoever develops a drug must file the patent application, as soon as possible, at the BPTO and other internationally responsible bodies, aiming to make the solution public and guarantee its legal privilege, preventing third parties from taking advantage of their investment and effort.
  4. It is already possible to protect existing drugs that can be used to combat COVID-19, by granting a “second use patent”. This device guarantees the protection of the drug for the new form of use or assigned purpose. Such procedure can be filed in the BPTO upon indication, even in the testing phase.
  5. In addition, the BPTO has emphasized the possibility of expediting the examination of patents related to combating COVID-19 through priority examination.

The Industrial Property Law (Law no. 9.279 of 1996 – IPL) establishes the possibility of compulsory licensing. However, domestic legislation highlights the exceptional and extraordinary nature of the measure, which depends cumulatively on the right holder being unable to meet national demand. Note that such measure weakens national credibility with respect to foreign partners and international organizations.

Nowadays there are bills in progress on the granting of compulsory licenses under a differentiated regime due to COVID-19, however, still without significant movement by the legislature.

Considering the regulatory issues, the National Health Surveillance Agency – ANVISA, in line with the measures of the Executive and Legislative Branches, has created specific rules for the registration of drugs and supplies help in combating the advance of COVID-19. Among the measures are simplification, urgent processing and prioritization in meeting these demands. There are also draft laws in progress and provisional measures in the process of being enacted, which address the issues that have been considered by the said regulatory agency in order to combat Coronavirus. Such rules, at times, only reinforce ANVISA’s and are related to importation, availability, testing, inputs, procedures, urgent requests, response deadlines, analysis postponement, subsequent delivery of documents, temporary acceptance without analysis and shortage, among others. Rights holders that own drugs need to be aware of ANVISA’s procedural changes and the specific rules being proposed, in order to guarantee not only the effectiveness of their rights, but also the broad availability of their products.


INDUSTRIAL DESIGNS

Along with the measures relating to combating the backlog by the BPTO, the debates on the protection of rights via industrial designs follow the same trajectory. Increased effectiveness and security of the instruments used to combat COVID-19 are sought.

The use of 3D printers to develop spare parts or even create new forms of equipment is a solution that seems viable and interesting.

However, interested parties must verify that their creation is in accordance with the legislation, not only in view of the potential existence of an infringement of the intellectual property rights of third parties, but also in view of the public health problems that can be caused by the use of equipment not prepared for prolonged human contact.

Another point to be ascertained is whether the creation is subject to protection. This guarantees the possibility of broad availability for the population and the establishment of partnerships with governmental and/or university entities that are seeking such solutions.

It is important to note that part of the community that works with 3-D printers made the designs of some creations available to combat COVID-19 through “open source” and “creative commons” licenses.


TRADEMARKS

Despite the suspension of deadlines, from March to May, the BPTO is still functioning and continues to evaluate trademark processes. Working remotely was already a reality for the office’s examiners, with a noticeable increase in productivity. The pandemic did not hinder the examination of applications for trademark registrations, which have been analyzed in an increasingly short time.

According to the Industrial Property Journal (RPI), the BPTO has maintained strong productivity with more than 70 thousand trademark orders (including decisions).

Rights holders or those interested in guaranteeing their registrations can continue with their demands. Just like the BPTO, Daniel Advogados maintains its activities, ensuring, as always, quality, punctuality and a personalized service.

Remember…

Trademark registration is about granting protection for a distinctive sign that identifies products or services. Its function is closely linked to consumer protection and the distinction between one rights holder and another.

The Industrial Property Law (Law no. 9.279 of 1996 – IPL) set forth that certain signs are not protected, since they could:

  1. Lead to the false indication of origin, source, nature, quality or usefulness;
  2. Reproduce standard and official information;
  • Be used unduly and cause confusion if they refer to: a name, award or symbol of a sporting, artistic, cultural, social, political, economic or technical event, that is official or officially recognized, a technical term used in industry, science and art, that is related to the product or service that it intends to distinguish, among others listed in the Law.

For this reason, pursuant to the law, expressions such as: coronavirus, coronavairus and COVID-19, among others, are not registrable.

Take care…

In recent days, information about confusion involving the term “corona”, which means crown, has appeared in the media and is used as a distinctive trademark sign in the most varied segments. Given the current scenario, our recommendations to rights holders are:

  • Seek to protect your trademarks at the BPTO
  • Carry out activities to combat piracy and infringements
  • Explore other branding techniques[1] to ensure improved engagement with consumers and avoid possible confusion

[1]A set of actions aligned with brand positioning, purpose and values.


CONTRACTS

Legal relationships have been altered due to COVID-19 as a whole. If the intellectual property and digital law market is moving in order not to stop and manage to combat infringements and demands for registration in the period, contractual issues are clearly growing and at an impasse in the face of the economic and social chaos. Debates on compliance with assumed obligations have increased, such as in supply contracts, in which one of the parties is no longer interested in the contract relationship, but the other depends on this compliance to keep going.

Considering that a state of public calamity was decreed in March, in accordance with Legislative Decree No. 6, of 2020, there is a belief that this could give rise to the application of the Force Majeure regime in contractual relationships. However, it is first necessary to analyze each specific case, due to the need to demonstrate that the effects caused by COVID-19, for example, could not be avoided or prevented.

Although it is presumed that many of the economic effects that currently exist could not reasonably be avoided, it is necessary to demonstrate that there was an attempt to mitigate such effects and the losses to the existing contractual relationship. It is important to carry out this procedure. Even if Force Majeure is applicable to the contract, the debtor cannot be held liable for such losses if it has not expressly made itself liable for them, pursuant to Article 393, of the Civil Code.

Another important topic to be clarified is related to the financial rebalancing of the contract in the midst of COVID-19. Although the pandemic is an extraordinary and unpredictable event, the Civil Code establishes other requirements that must cumulatively exist for the application of this regime:

(a) The contract / agreement is continually or gradually performed;

(b) It is excessively burdensome for one of the parties; and

(c) There is an extreme advantage for one of the parties.

Moreover, there is a series of draft laws at the National Congress now that seek to clarify and regulate the details of contractual relationships and the legal system itself as a means of confronting COVID-19. The monitoring of these measures is crucial for everybody to keep informed and aligned with the possibly created exceptionalities, and the Daniel Advogados team is able to clarify the details of these draft laws and any existing legal details.

It must be emphasized that, in addition to the legal provisions, contracts are the order that governs the transaction executed between the parties. So there may be specific clauses agreed upon at the beginning of the contractual relationship that specifically deal with exceptional cases, in which the phenomenon of acts of God or force majeure takes place, whether in the sense of suspending or even terminating the contractual relationship.

Given this scenario, the first contractual demand to be carried out is the analysis of the legal instruments, in order to verify what is and what is not essential. In addition, it is necessary to list the details of each instrument, its hypotheses for suspension, termination and / or contractual alteration, analyzing what the risks of such procedures are for the transaction and future relationships.

Although possible termination is feasible, negotiating the contract terms with the other party, understanding both parties’ needs and aligning the best strategy for the post-pandemic period can be key to business development and survival.

The creation and maintenance of a healthy contractual relationship are fundamental for the development of any entity and contribute to the construction of a differentiated image for the business. What is sought is the avoidance of potential litigation, which will be delayed due to the suspension of deadlines by the Judiciary.

Resilience and strategic management are key to overcoming any crisis.


COPYRIGHT

Copyright holders have been among those most affected by the pandemic caused by COVID-19. If, on the one hand, the use of digital content has increased exponentially, on the other, the impossibility of holding in-person events has considerably changed the way of exploiting artistic content.

The internet has been taken over by live shows and content from the most varied artists. Part of the entertainment industry has also made content available in a variety of formats. Even people who previously did not work in the creative economy have started to produce artistic works.

However, the creation and availability of such content must be involved in some precautions relating to trademark rights, personality rights and copyright. Every work accessible to the public needs the prior approval of its rights holders, whether they are the original rights holders or not.

To do so, we have listed some tips:

  • Access to content provided by third parties that are not the rights holders may constitute copyright infringement. Websites like “piratebay” and “popcorn time” are known to infringe intellectual property rights, being sued around the world;
  • The offer of unauthorized content by rights holders, on any media or format, is also an infringement. Even if it is an e-book or sharing a video downloaded by someone else;
  • The offer of content that is authorized by the owners, however, on another media or in another location, may be deemed an infringement. Therefore, if one saw it on television and intends to record it and post it on YouTube, he will be committing an infringement;
  • The use of small excerpts of content in other works must respect the Copyright Law (Law no. 9,610 of 1998);
  • If there is any doubt about the release of rights to a particular content, an attempt should be made to verify its availability with the rights holder. An alternative is to establish if the content is indicated as “creative commons”, in which case only the limits of use allowed by the holder need to be checked;
  • Even if the copyright holder allows you to use a particular work, it is sometimes also necessary to release the personality rights of the people possibly portrayed in the content.
  • In addition to the above concern, it is also necessary to obtain the release of possible trademarks that may appear in created new content. Exceptionally, in a work that has already been released exclusively with respect to aspects related to copyright, it may be necessary to release trademark rights as well, for it to be included in new content.
  • Within this list of rights, there are also the rights to musical works. Depending on the method of exploitation, payment of the work synchronization rights may be required.
  • Considering that collection by ECAD (the Central Office for Collection and Distribution of Royalties) is based on the public exploitation of a musical work, if this is not possible, as we see today in many cases given COVID-19, the office will not need to be paid. However, upon transmission to the public, such as music in hotels, hospitals, or even shows in windows, payment will be necessary, in accordance with government initiatives.

In view of the doubts and uncertainties that may arise both in the production of new content and in the use of the old one, we strongly recommend obtaining clearance. Proper management of the rights involved is an interesting solution to ensure the broad use of works owned by market players.

Nowadays, a lot of content is no longer published due to issues related to rights releases, unknown authorship or even problems with agreements. Other rights holders do not even know that they have amounts retained at ECAD, for example, since they acted as phonographic producers. Taking advantage of this period to “put things in their right places” could be a good strategy to ensure improved future performance.

It is important to emphasize that the players in this market are receiving support through other regulations specific to the area. There are rules that offer tax incentives, tax installment options and financial assistance to artists, among others.

 

ADVERTISING LAW

Issues related to copyright also affect the advertising market, albeit with the due specific marketing and contractual issues, which are in many cases exceptional or more restrictive.

The advertising industry has also been deeply impacted by the global pandemic, shifting its live marketing efforts and activations to digital strategies.

The tips relating to the content for trademarks and copyright also apply to this market. The continued operation of the Brazilian Advertising Self-Regulation Council (CONAR) is significant and has been conducting online sessions and maintaining its activity amidst the avalanche of content published in the most varied formats.

The operation of the National Film agency – ANCINE and promotional competitions continues in an extraordinary manner. However, they have not been paralyzed, which ensures operations and even the review of advertising activities that would be carried out until the second half of this year. To that end, the bodies are providing means to alter these procedures. The team at Daniel Advogados is qualified and trained to assist you in matters of advertising law.

 

DIGITAL

In the midst of the global pandemic, the increase in interactions in the digital environment has generated countless controversies and questions from the most varied sectors of the economy. In addition to the usual issues, problems related to privacy and information security have been raised, since some people are taking advantage of the situation to carry out attacks on the most varied applications and systems, either physically or digitally.

Despite the debates that took over the months of April to September, 2020 about the date of entry into force the Brazilian General Data Protection Law (LGPD), due to the promulgation of Provisional Measure No. 959/2020, the rule came into force on the second half of September 2020.

The part that deals with the sanctions applicable by the National Data Protection Authority (ANPD), however, will only come into force on August 1, 2021.

Furthermore, on August 26th the ANPD, the “agency” responsible for regulating and elaborating the interpretative guidelines of LGPD’s essential issues, was created through Decree nº 10.474 / 2020.

 

FINAL CONSIDERATIONS

Before this moment of crisis, it is important that rights holders manage their intellectual property assets and redesign the strategies chosen so far. The suggestion is that the industry should be organized to increasingly supply innovative creations and solutions in the most varied sectors.

This information was only possible through joining the efforts of all areas at Daniel, which are committed to meeting the aspirations of its clients and society in an ethical, integral, skilled and innovative manner.

Do you want to know more about this information and content?

Follow our series “Coronavirus and its legal aspects”, with episodes aimed at the patent market, that bring more clarification on these and other subjects related to COVID-19.

Now, if you prefer to better understand your case in a more complete, personal and targeted way to your business area, the Daniel team is at your disposal!

([email protected])

This information was published on September 22th, 2020. The information in this material is constantly changing and being updated, considering that the whole society is being mobilized to combat COVID-19, and its effects on our lives. Watch out for any updates that may come in the next days. Do not hesitate to contact us at [email protected]

 

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INPI
Suspension of administrative proceedings from March 16 to May 31, resuming from June 1. CLICK HERE TO ACCESS
Teleworking extended until November 3. CLICK HERE TO ACCESS
Computerized systems work normally and services can be filed. CLICK HERE TO ACCESS
In-person service for users is suspended indefinitely.
Receiving Office from Brazil under the PCT is carrying out its activities in a remote work regime, guaranteeing the continuity of activities related to the deposit and processing of international orders via and PCT. CLICK HERE TO ACCESS
INPI will prioritize the examination of patent applications related to innovations that can be used to fight the pandemic of the new coronavirus. Prioritization is valid until June 30, 2021. CLICK HERE TO ACCESS
Table to assist in recounting suspended deadlines disclosed. CLICK HERE TO ACCESS
Questionnaire to assist in choosing the type of priority patent application procedure available.
CLICK HERE TO ACCESS
Faster patent registration for startups from July 30. CLICK HERE TO ACCESS
The BPTO will launch, as of September 1st, two more types of patent application priority procedures: for processes with technologies available in the market and for those with technologies resulting from public funding. CLICK HERE TO ACCESS
The co-ownership of trademark applications available from September 15. CLICK HERE TO ACCESS

 

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ANVISA
Criteria and extraordinary procedures for Best Fabrication Practices for registrations and changes to post-registration medicines, health supplies and products. CLICK HERE TO ACCESS
Priority in the examination of processes of registration for antiseptic gels, bleach and disinfectants. CLICK HERE TO ACCESS
Fast-track for registration of medicines and biological products for the prevention and treatment of the new coronavirus. CLICK HERE TO ACCESS
To accelerate the of petitions related to the category of antiseptic gels for the hands, the publications and alterations of registrations for cosmetics that are taking place twice a week. After April 5, the publications will take place on Mondays and Wednesdays. CLICK HERE TO ACCESS
All deadlines established by Law 13,411/16 are suspended for 120 days counted from March 23. CLICK HERE TO ACCESS
Established procedure for requesting priority in registration. CLICK HERE TO ACCESS
Approved resolution for the immediate grant for use of advanced therapy products that were non-registrable for the fight against the COVID-19 pandemic. CLICK HERE TO ACCESS
The publications and changes to cosmetic registrations will happen twice a week, on Mondays and Wednesdays, to accelerate the authorizations, counted from April 5, 2020. CLICK HERE TO ACCESS
Authorized online applications by entities that wish to trade, import, produce or manufacture products derived from Cannabis for medicinal purposes in Brazil. CLICK HERE TO ACCESS
New procedure for submitting DDCM (Clinical Drug Development Dossier) petitions in the form of delivery of documents related to DDCMs, which will now be online. CLICK HERE TO ACCESS
The orientation guide for the developments and regularization of ventilators available for consultation . CLICK HERE TO ACCESS
Technical note 14/2020 published, which includes orientations about the conduction of clinical trials during the novel coronavirus pandemic. CLICK HERE TO ACCESS
Online petitions for post registration of sanitizers available, by Solicita System. CLICK HERE TO ACCESS
Online petitions for certification of the Bioequivalence Centers and the qualification for the Pharmaceutical Equivalence Center available, by Solicita System. CLICK HERE TO ACCESS
ANVISA has included new items on its lists of substances and medicines that depend on previous authorization for exportation, to avoid the shortage of some supplies and medicines. CLICK HERE TO ACCESS
Authorization and export authorization services for controlled substances, plants or drugs (AI), manufacturing authorization for exclusive export purposes (Afex), authorization for customs clearance purposes (ADA), special simplified authorization for teaching and research establishment (AEP), certificate of no objection to importation (CNI), certificate of no objection to exportation (CNE), initial import quota, and renewal of import quota available online. CLICK HERE TO ACCESS
Updated version of the online petition queue consultation system analysis system available.   CLICK HERE TO ACCESS
Online services for changing the monograph for the active ingredient in pesticides, and for changing, renewing, canceling registration, authorizing new assets for household use, issuing registration certificates and communicating the exclusive manufacturing process for exporting sanitizing products available. CLICK HERE TO ACCESS
Online services of issuing the Certificate of Free Sale for Food Export (CVLEA) and information on the content of phenylalanine in foods available. CLICK HERE TO ACCESS
Exceptional procedures have been established for submitting quality control data for active pharmaceutical ingredients (IFAs) and medicines, such as registration requests and post-registration changes for synthetic and semi-synthetic drugs without the immediate presentation of some documents that depend on laboratory analysis. CLICK HERE TO ACCESS
The electronic sending of import and export authorizations to the requesting companies and institutions, as well as to the competent authority of the exporting or importing country, is made possible. CLICK HERE TO ACCESS
Available online services of requesting, changing and canceling the application for cosmetics, health products and sanitizing products; request, alteration and cancellation of the operating authorization or special authorization for medicines and supplies; requesting, changing and canceling the special request for laboratories and research institutions; request for certificate of operating authorization or special authorization; change in authorization of clinical research with high-risk devices; application for temporary registration of pesticides. CLICK HERE TO ACCESS
List of drugs used in hospitals to treat patients who require mechanical ventilation, which includes sedatives, sedation aids and muscle relaxants, released. In all, there are 66 items, all registered at the agency. CLICK HERE TO ACCESS
Radiopharmaceuticals analysis queue was cleared. CLICK HERE TO ACCESS
Electronic petitioning of required documents for submission of the Clinical Drug Development Dossier (DDCM) available from July 21. CLICK HERE TO ACCESS
Therapeutic equivalence online petitition available. CLICK HERE TO ACCESS
Technovigilance Notifications Panel which gathers data about monitoring adverse event notifications and technical complaints regarding health products. CLICK HERE TO ACCESS
Online petitions for post registration and canceling related to the transfer of ownership of sanitizers registration, express shipping and administrative review available, by Solicita System. CLICK HERE TO ACCESS
Implemented a new system to accelerate requests for clinical studies with drugs for the prevention and treatment of Covid-19 CLICK HERE TO ACCESS
Waived the sworn translation of documents issued in Spanish and English that instruct requests for regularization of medical devices. CLICK HERE TO ACCESS
New pharmacovigilance regulatory framework published on July 29. CLICK HERE TO ACCESS
45 Anvisa’s rules were revoked and considered obsolete. CLICK HERE TO ACCESS
Covid-19 tests analysis queue was cleared. CLICK HERE TO ACCESS
New analytical laboratories rule will take effect on August 3. CLICK HERE TO ACCESS
Updated rules on active pharmaceutical ingredients (IFAs) are in effect. CLICK HERE TO ACCESS
Updated codes related to the addition of new, innovative, similar and generic synthetic drug registration petitions. CLICK HERE TO ACCESS
New site for consultation on drug advice available from 11 August.  CLICK HERE TO ACCESS
Online petitions for notification of sanitizers exempt from registration available, by Solicita system.  CLICK HERE TO ACCESS
 The list of Common Brazilian Denominations (DCB), updated.  CLICK HERE TO ACCESS
Available six new services related to medication, by Solicita System.   CLICK HERE TO ACCESS
 Rule requiring companies to post notice of formula changes in products subject to health surveillance, published .  CLICK HERE TO ACCESS
Regularization of sanitizing products exempt from registration, available by Solicita System.   CLICK HERE TO ACCESS
Petition services for clinical trials, Best Fabrication Practices certificate and Advanced Therapy Product registration, changed to the Solicita System.   CLICK HERE TO ACCESS
 Certification of Good Manufacturing Practice for International Health Productswas queue was cleared.  CLICK HERE TO ACCESS
BPC guides for clinical trials with medicines and biological products, published.   CLICK HERE TO ACCESS

 

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ANATEL
5G field tests in the 3.5 GHz band suspended. CLICK HERE TO ACCESS
Telecom sector signs public commitment to keep the country connected throughout the pandemic. CLICK HERE TO ACCESS
Fines and interest on taxes paid by regulated companies with maturities between March 20 and April 10 were suspended until April 15. CLICK HERE TO ACCESS
The agency has positioned itself on the use of tracking of telecommunications users and asks that such use be due to a motivated decision, with legal support and due transparency for control bodies and for society, in agreement with the LGPD. CLICK HERE TO ACCESS
Partnership established between Anatel and Ancine to combat piracy of audiovisual content on the internet. CLICK HERE TO ACCESS
Anatel updates technical requirements that will allow the use of 5G technology.
CLICK HERE TO ACCESS
Deadlines for regulations, extended. CLICK HERE TO ACCESS
Obligations of Small Telecommunications Providers Guide published. CLICK HERE TO ACCESS
Collection of administrative fees for the amateur radio service, suspended. CLICK HERE TO ACCESS
New rules that streamline public services to citizens and companies, available. CLICK HERE TO ACCESS

 

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ANCINE
Exceptional suspension, as of March 16, 2020, of the counting of deadlines for the presentation of accountability for audiovisual projects, as well as carrying out on-site inspections. CLICK HERE TO ACCESS
Administrative recognition of COVID-19 as a case of force majeure, and therefore considering it in the analyzes and decisions taken within the scope of regulatory and inspection processes, as well as in the monitoring, inspection and accountability of audiovisual projects.
Admission of requests (i) for exemption from total or partial compliance with regulatory obligations, (ii) suspension of ongoing periods for the execution and conclusion of audiovisual projects; and (iii) the extension of deadlines in progress for raising incentive public funds, among other cases.
Temporary suspension of ANCINE’s external due diligence in the context of administrative sanctioning and tax proceedings, except in cases provided for in the rule, such as due diligence in the interest or at the provocation of regulated agents.
Extension of the term for the payment of CONDECINE-TELES. CLICK HERE TO ACCESS
Repeal of the following Normative Instructions: 01, 08, 15, 27, 29, 35, 38, 39, 42, 43, 45, 48, 52, 53, 55, 58, 59, 66, 71, 77, 81, 83, 90, 93, 108, 113, 117, 131, 141, 142 (30 rules); and the following Collegiate Board Resolutions: 03, 04, 07, 09, 28, 43, 49, 50, 51, 61 (10 rules). CLICK HERE TO ACCESS
Drive-in films are allowed as a first window, providing that the establishment is duly registered with Ancine and complies with all the rules of a commercial cinema.
CLICK HERE TO ACCESS
Repeal of the following administrative rules : n.º 01, de 2002; n.º 02, de 2002; n.º 06, de 2003; n.º 08, de 2003; n.º 10, de 2003; n.º 12, de 2004; n.º 13, de 2004; n.º 14, de 2004; n.º 18, de 2004; n.º 19, de 2004; n.º 31 de 2009; n.º 34, de 2010; n.º 36, de 2010; n.º 46, de 2012; n.º 48, de 2012; n.º 54, de 2013; n.º 71, de 2016; e n.º 72, de 2016.
CLICK HERE TO ACCESS

 

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SECAP
The Federal Lottery draws started again from July 4. CLICK HERE TO ACCESS
Send a signed application to [email protected] to cancel promotions already started,
there will be no penalty or new fees. The tax refund will follow MF 215/2006.

 

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CONAR
Citations, subpoenas and notifications will be made electronically. CLICK HERE TO ACCESS

All procedural deadlines are 20 calendar days after the electronic subpoena proof of delivery.
Judgment sessions, conciliation meetings and clarifications will be held virtually.
All measures will be adopted indefinitely.
IAB Brasil (Interactive Advertising Bureau) joins the Superior Council of Conar.

 

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CNJ
In the case of the imposition of sanitary measures restricting the free locomotion of people (lockdown) by the competent state authority, the procedural deadlines in digital and physical proceedings become automatically suspended for as long as restrictions remain in these states. CLICK HERE TO ACCESS
In case of the imposition of sanitary measures restricting free
locomotion of people (lockdown) by the competent state authority, the procedural deadlines are automatically suspended in cases that are processed in electronic and physical media, for as long as the restrictions in these states persist.
The Provisions relating to the functioning of the Brazilian registry offices during the pandemic period were extended until December 31. Restrictions on face-to-face attendance at the public notary’s offices, suspension of deadlines for the drafting of notary and registration acts, authorization for the remote provision of property registration and that the documents necessary for issuing birth and death certificates be sent to the notaries electronically , in addition to the duty of the state and federal district magistrates to regulate the operation of the extrajudicial service in their localities and the possibility for the notary offices to use electronic means in the collection of their services and in the subpoenas made by the protest notary offices. CLICK HERE TO ACCESS
Courts are authorized, as of June 15, to issue a rule for the reinstatement of on-site judicial services, with the full resumption of procedural deadlines in electronic and physical processes, or the maintenance of the suspension of procedural deadlines only for physical processes if they choose for the continuation of teleworking. CLICK HERE TO ACCESS
It is determined that, for the suspension of the term of certain acts (such as the presentation of a contestation, an objection to compliance with the sentence, embargoes on execution, preliminary defenses of a civil, labor and criminal nature, including when practiced in a hearing, and others that require collection evidence), the mere allegation by the party or the lawyer, in his fluency, will suffice that he is unable to perform the act (art. 3, § 3), without the judge being able, even if motivated, to reject the requested in those expressly provided for cases. CLICK HERE TO ACCESS
The minimum necessary conditions for the resumption of face-to-face services of the Judiciary as of June 15 have been established. CLICK HERE TO ACCESS

 

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TRIBUNAIS SUPERIORES
STF


Electronic petitioning is available for all classes and lawsuits, including those that are processed in a physical media, except the confidential physical lawsuits. CLICK HERE TO ACCESS
The holding of weekly trial sessions, on Wednesdays and Thursdays, from 2 pm to 6 pm, from April 15th. It will be the beginning of the plenary sessions of the STF held by videoconference. The sessions will be broadcast on TV Justiça, Rádio Justiça and the STF channel on YouTube.
Lawyers, prosecutors and defenders who wish to make oral submissions by videoconference, must register up to 48 hours before the day of the session using the form available on the STF.
It is authorized to send procedural communications by registered electronic message to the bodies that had their e-mail address informed in the case file or that appear in the Court’s database, regardless of the prior registration.
The distribution of new proceedings and appeals occurs normally, as well as the publication of procedural acts, in accordance with the regulations.
Deadlines for physical proceedings remain suspended, since March 23, until October 20. CLICK HERE TO ACCESS
Procedural deadlines in the STJ are suspended from July 2 to July 31, a period that coincides with the ministers’ vacation. Judicial protocol occurs normally.
CLICK HERE TO ACCESS
Procedural deadlines suspended from July 2 to July 31, a period that coincides with the ministers’ vacation, start running again from August 1. CLICK HERE TO ACCESS
A differentiated model for managing the activities of the Court’s servants has been put into testing, to be adopted from June 1, 2020 to January 31, 2021, aiming at results-oriented management and integration between on-site and remote work. CLICK HERE TO ACCESS
The sessions in the virtual environment of the STF will last six business days, starting and ending on Fridays. CLICK HERE TO ACCESS
Procedural regulation that gives a new format to the electronic judicial process. CLICK HERE TO ACCESS
Information panel with the disclosure of the main STF decisions related to Covid-19 available. CLICK HERE TO ACCESS
STJ
 
Procedural terms in digital proceedings will be resumed on 4th May. CLICK HERE TO ACCESS
Deadlines for physical proceedings remain suspended, since March 19.
Procedural information can be obtained by phone or email. Telephone inquiries must be made between 1 pm and 6 pm. Requests by e-mail will be answered from 9 am to 6 pm. CLICK HERE TO ACCESS
The Collegiate bodies of the Court are allowed to hold, on an exceptional basis, trial sessions by videoconference until December 19. CLICK HERE TO ACCESS
Procedural deadlines suspended from July 2 to July 31, a period that coincides with the ministers’ vacation, start running again from August 1. CLICK HERE TO ACCESS
TST

Procedural deadlines within the scope of the First and Second Degree Labor Courts will return to normal as from May 4. CLICK HERE TO ACCESS
 Deadlines for physical proceedings remain suspended. CLICK HERE TO ACCESS
Calendar released for virtual sessions of different judging organs. CLICK HERE TO ACCESS
Procedural deadlines related to acts that require face-to-face activities are regulated, as well as the standardization of procedures for recording and storing audiences in audio and video. CLICK HERE TO ACCESS
Procedural deadlines suspended from July 2 to July 31 due to the forensic recess, start running again from August 1. CLICK HERE TO ACCESS

 

PROGRESS ENTIRE STANDART CONTENT
TRIBUNAIS ESTADUAIS
 
 
TJSP
 
 
 
 

Procedural deadlines for physical processes that were suspended from March 16, start running again from August 3. CLICK HERE TO ACCESS
Suspension of procedural deadlines in physical processes until June 30, telework period. CLICK HERE TO ACCESS
Tool for conducting electronic conferences among Lawyers, Defenders, Prosecutors and parties with the Magistrates available. CLICK HERE TO ACCESS
Remote public service through the electronic addresses of the judicial units. CLICK HERE TO ACCESS
The validity terms of the Judicial Withdrawal Warrants already issued have been extended. CLICK HERE TO ACCESS
The resumption of procedural deadlines for digital processes determined on May 4. CLICK HERE TO ACCESS
Virtual sessions can be held by the Recursal and Uniformization Classes, as well as the holding of audiences by videoconference. CLICK HERE TO ACCESS
Conversion of physical records to digital media allowed for cases that are in charge of lawyers. The lawyer will be able to forward the digitized records to the Court through electronic petition. CLICK HERE TO ACCESS
Citations and subpoenas from public farms, foundations and autarchies, from all municipalities in the state, will be sent electronically from July 1. CLICK HERE TO ACCESS
Procedural deadlines for physical processes that were suspended until August 23 in several cities of the state, start running again from September 21. CLICK HERE TO ACCESS
Online petitions in electronic processes of the first and second degrees are authorized as of July 27. CLICK HERE TO ACCESS
A gradual return of activities and face-to-face service was announced from June 27. CLICK HERE TO ACCESS
TIRJ
 
Procedural deadlines for electronic lawsuits that were suspended from May 15 to May 31 start running again from June 1. CLICK HERE TO ACCESS
Procedural deadlines for physical processes that were suspended from March 16, start running again from July 27. CLICK HERE TO ACCESS
Procedural deadlines for physical processes remain suspended until June 29, teleworking period. CLICK HERE TO ACCESS
Face-to-face trial sessions, ordinary or extraordinary, may be held by videoconference. CLICK HERE TO ACCESS
Trial sessions in the virtual mode in an electronic environment may be held at the discretion of the President of the respective Chamber or judgment body. CLICK HERE TO ACCESS
A gradual return of activities and face-to-face service was announced from June 29. CLICK HERE TO ACCESS

 

ANDAMENTO INTEIRO TEOR DA NORMA
TRIBUNAIS FEDERAIS
TRF – 1ª REGIÃO (AC, AM, AP, BA, GO, MA, MT, MG, PA, PI, RO, ROO, TO) The judicial and administrative proceedings in all levels of jurisdiction that are processed electronically will have their procedural deadlines resumed, without any kind of escalation, from May 4, 2020, being prohibited the designation of face-to-face acts. CLICK HERE TO ACCESS
The procedural deadlines for physical processes that were suspended since March 20, start running again from September, in different dates in the states belonging to TRF 1st Region. CLICK HERE TO ACCESS
In the case of a lockdown imposition by the competent state authority, procedural deadlines are automatically suspended for events that are processed in electronic and physical media, for as long as the restrictions last, within the scope of the respective unit and within the limits determined in the act. CLICK HERE TO ACCESS
Virtual judgment session for the electronic judicial processes of the PJe and the face-to-face session with video support, contemplating the fractional organs Special Court, Sections and Classes within the scope of the Court, are determined to start on March 27. CLICK HERE TO ACCESS
TRF – 2ª REGIÃO (RJ, ES),
SJRJ E SJES
The deadlines related to the judicial and administrative proceedings that are being processed electronically start to run again from May 4. CLICK HERE TO ACCESS
The sessions of the Plenary, Special Body, Specialized Sessions and TRF2 Classes may be held by videoconference, at the discretion of the President of the fractional body, starting on April 22.
Procedural deadlines for physical cases remain suspended until November 03. CLICK HERE TO ACCESS
Teleworking is extended indefinitely and until further deliberation. CLICK HERE TO ACCESS
The remote work regime for the performance of all administrative and jurisdictional activities of the Court and Judicial Sections of the States of Rio de Janeiro and Espírito Santo was instituted until December 19, 2020. CLICK HERE TO ACCESS
The procedural deadlines for electronic cases that were suspended between May 20 and May 31, pending before the Judicial Section of the State of Rio de Janeiro and the Federal Regional Court of the Second Region, restart as of June 1. CLICK HERE TO ACCESS
TRF – 3ª REGIÃO (SP, MS)

Videoconferences in the trial sessions of the TRF3, of the Appeals Groups and of the Regional Uniformization Class, for the purposes of oral arguments, as well as in the hearings of the Courts and Conciliation Centers, will restart as of April 14. CLICK HERE TO ACCESS
Procedural deadlines for electronic lawsuits start running again on May 4. CLICK HERE TO ACCESS
Procedural deadlines for physical processes that were suspended since March 20, start running again on August 4. CLICK HERE TO ACCESS
A gradual return of activities and face-to-face service was announced from July 27.
TRF – 4ª REGIÃO (RS, PR, SC)

Procedural deadlines for electronic lawsuits start running again on May 4. CLICK HERE TO ACCESS
Procedural deadlines for physical processes remain suspended until September 30, and telework is maintained until the same date. CLICK HERE TO ACCESS
The virtual trial sessions in the courts and appellate classes of the system of special courts may be held both in physical and electronic cases, as of May 1. CLICK HERE TO ACCESS
Procedural deadlines that were suspended between June 30 and July 1 due to the cyclone that hit the southern region of Brazil, start running again on July 2.
CLICK HERE TO ACCESS
In the case of a lockdown determination by the competent state authority, procedural deadlines are automatically suspended for events that are processed in electronic and physical media, for as long as the restrictions last, within the scope of the respective federative unit. CLICK HERE TO ACCESS
A gradual return of activities and face-to-face service was announced from October 19.
CLICK HERE TO ACCESS
TRF – 5ª REGIÃO (AL, CE, PB, PE, RN, SE) Procedural deadlines for electronic lawsuits start running again on May 4. CLICK HERE TO ACCESS
Procedural deadlines for physical processes remain suspended indefinitely, and telework is maintained for the same period. CLICK HERE TO ACCESS
Procedural deadlines for electronic lawsuits that were suspended between May 21 and 31, within the scope of the Judiciary Section of Ceará, restart as of June 1.
The virtual or telepresential sessions of the Classes and the Plenary of the Court will count on the participation of all the members of the Plenum or the Classes, voting at a distance. In the specific case of the Plenum, the sessions will be held every 15 days and will start working from March 25. CLICK HERE TO ACCESS

The CNJ provided an information panel on the procedural deadlines of all courts in the country, according to the following link: https://paineisanalytics.cnj.jus.br/single/?appid=6c9a3799-e931-4c5a-8900-a13a8bb8a05a&sheet=a45a7e28-6d3b-409a-a78e-145fd8d6cc5c&lang=pt-BR&opt=currsel

Daniel Advogados continues working in remotely in order to guarantee the safety of its employees, but without losing the quality of its services.

If there is any doubt or suggestion about our material, please contact our team or our innovation lab, Daniel Lab ([email protected]).

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