NEWS AND PUBLICATIONS
Brazil: Relevant Bill is Proposed Amid Efforts to Fight COVID-19
by Eduardo Riess | Feb 21, 2021 | Articles, Brazil, Patents
A bill reported by Brazilian Congressman Hiran Gonçalves (PP-RR) establishes, among other provisions, a period of 72 hours for the National Agency of Health Surveillance – ANVISA (the Brazilian FDA) to authorize the immediate importation and distribution of materials,...
Overcoming obstacles to injunctive relief in trade dress litigation
by Robert Daniel-Shores, Fábio Leme | Feb 21, 2021 | Articles, Litigation, Trademarks
Brazil has a very particular legal system. Civil law tradition guides rights in the country, but common law is also present. Civil procedure is heavily influenced by Roman and German concepts, which has resulted in a coded law setting forth the rules that cover the...
Diversity Champions: Walking the Walk
by Alicia Daniel-Shores | Feb 20, 2021 | Articles, Brazil, Diversity
Diversity and inclusion can be a challenge to get right but the benefits can be felt across organizations. Sarah Morgan speaks to those at the start of their diversity journey, as well as those who have paved a path for others to follow. In 1937, Justice Anna Chandy...
Cooperation between enforcement authorities boosts anti-counterfeiting efforts
by André Oliveira | Feb 20, 2021 | Articles, Counterfeiting, Criminal, Legal
In view of its very large territory, Brazil has always faced many challenges implementing a successful anti-counterfeiting programme. Lack of a uniform approach and the absence of a political will to tackle IP infringements on a large scale were some of the problems...
Brazil: Trade dress enforcement is still strong in Brazil
by André Oliveira | Feb 20, 2021 | Articles, Brazil, Intellectual Property, Legal
Brazil's legal system provides several options for IP owners to enforce their rights. Trade dress protection is not expressly foreseen in our law but falls within general unfair competition rules which basically forbid competitors to fraudulently divert third parties'...
Renowned marks gain increasing recognition in Brazil
by André Oliveira | Feb 20, 2021 | Articles, Trademarks
Brazilian IP law believes that renowned marks deserve special protection in all fields of activity. Differently from well-known marks, which are protected within their field of activity and regardless of the existence of a local registration, renowned marks must be...
Co-ownership of Trademarks in Brazil: Key Changes
by Anne Holanda, Isabella Cardozo | Feb 20, 2021 | Articles, Brazil, Intellectual Property, Trademarks
Brazil’s accession to the Madrid Protocol has included several important changes to the country’s trademark system, such as simplifying the registration of trademarks, reducing costs, and implementing procedures that were not previously possible through the Brazilian...
Finding Fame in Brazil: Five Tips for Success When Requesting ‘High Renown’ Trademark Status
by Anne Holanda | Feb 20, 2021 | Articles, Trademarks
Since 2014, when a decision of the Brazilian Patent and Trademark Office (BPTO) came into force that held trademarks could obtain “high renown” status through a specially-created procedure, there has been a marked increase in such requests in Brazil. However, this...
Brazil: How has the Madrid Protocol been implemented and what next?
by Isabella Cardozo, Anne Holanda | Feb 20, 2021 | Articles, Intellectual Property, Trademarks
On October 2 2019, Brazil joined the Madrid protocol. The success of this can be proven by numbers. Until March 5 2020, 3,126 marks were designated to Brazil. The United States, the European market, China, Great Britain and Germany were the top filer countries. Thus...
Brazil: FDA issues guidelines for examination and prior consent of patent applications
by Rafael Salomão, Samantha Salim | Feb 17, 2021 | Articles, Life Science, Patents
Rafael Salomão Romano and Samantha Salim of Daniel Law outline how the instructions will improve transparency and accountability in the Brazilian pharmaceutical patent scene The Brazilian National Agency for Sanitary Surveillance (ANVISA – Brazilian FDA) has issued...
Tech Roundup: The next frontier for Brazilian fintechs
by Nuria López | Feb 10, 2021 | Articles, Digital
With the average Brazilian becoming more financially sophisticated in recent years, the once-unattainable dream of investing abroad is now edging closer to reality. However, the wish for Brazilians to diversify their portfolio has come up against the country’s...
Tech Roundup: Nubank rise a good omen for Brazilian fintechs
by Nuria López | Feb 4, 2021 | Articles, Brazil, Digital, Technology
Nubank has officially ascended to the top table of Brazil’s banking industry. After securing a new investment of USD 400 million in a Series G funding round, the company raised its market value to an eye-popping USD 25 billion. The company claims it now figures among...
Phase II of Patent Prosecution highway 9 (PPH) will be implemented with some modifications
by Guilherme Coutinho, Karoline Coelho | Dec 29, 2020 | Articles, Intellectual Property, Patents
The Brazilian PTO published today Phase II (Ordinance No. 404/2020) of Patent Prosecution Highway (PPH) program, implementing new rules for the acceptance into the program, which will begin on January 01, 2021. The PPH program is a bilateral co-operation agreement...
Brazilian Supreme Court to Decide on Term of Validity for Patents
by Renato Malafaia | Jun 25, 2019 | Articles, Intellectual Property, Legal, Litigation, Patents
A pending lawsuit challenging the legal provision establishing that patents in Brazil should be in force for the longer of 20 years from the filing date or 10 years from the date of grant was initially scheduled to be decided on May 26, 2021. On February 24, however,...
“Not totally prepared” – Brazilian Senate approves Madrid Protocol, but concerns raised over IP office readiness
by André Oliveira | Jun 4, 2019 | Articles, Intellectual Property, Trademarks
The Brazilian Senate has approved Brazil’s accession to the Madrid Protocol The international trademark system is expected to start operating in October Experts tell WTR that news is positive, but IP office has a lot to do before accession Over a decade after...