NEWS AND PUBLICATIONS
Responding adeptly to Brazil’s trade mark system
by Isabella Cardozo, Rafael Rocha | Jul 23, 2018 | Articles, Intellectual Property, Prosecution, Trademarks
Often clients, unaccustomed to Brazil, fret about the wrong problem, such as the backlog. Alternatively, they try to solve a problem with the wrong solution, like drafting a standard licensing agreement outside Brazil for use worldwide. Take, for example the backlog....
Brazilian Patent Office will resume the preexamination pilot program
by Gustavo Sartori | Jul 3, 2018 | Articles, Intellectual Property, Patents
In an attempt to reduce the current backlog, the Brazilian Patent Office (BRPTO) released on January a pilot program that established a preexamination office action. Such office action did not comprise any allegations, objections or rejections raised by the examiner,...
Rare diseases, Chikungunya and Zika are now possibilities for fast-track examination request
by Kene Gallois, Samantha Salim | Jun 13, 2018 | Articles, Chemistry, Intellectual Property, Life Sciences, Prosecution
The Brazilian PTO published on May 9th, 2018 Rule # 217/2018, which modifies former Rule # 80/2013 related to the fast-track examination of patent applications related to pharmaceutical products and processes, as well as equipment and material related to public...
BPTO extends the period for requesting priority examination under the PPH with the USPTO
by Kene Gallois, Samantha Salim | Jun 13, 2018 | Articles, Chemistry, Intellectual Property, Life Sciences, Pharma
n complement of Rule # 154 of December 21, 2015, the Brazilian PTO published today (January 30, 2018) Rule # 210/2018 of January 26, 2018, which extends until May 10, 2018 the period for receiving fast-track examination requests within the Patent Prosecution Highway...
Brazil and UK join forces for technology development
by Daniel Law | May 29, 2018 | Articles, Intellectual Property, Patents, Technology
On March 2018, the UKIPO and Oxentia (Oxford University’s Global Innovation Consultancy) launched a version of the Lambert Toolkit in Brazil. This is an initiative to foster cooperation agreements envisaging both development and transfer of technology between private...
Updates on the requirements concerning access to components of Brazil’s genetic heritage or traditional Knowledge
by Kene Gallois | May 21, 2018 | Articles, Chemistry, Intellectual Property, Life Sciences, Patents, Pharma
Since November 26, 2015, Applicants declare, when filing a patent application in Brazil, if the claimed invention derives or not from access to Brazilian genetic heritage or traditional knowledge. The Brazilian PTO used to issue Office Actions of code 6.6 for those...
Phase II of USPTO-BPTO PPH: new requirements and extension of the covered technical field
by Kene Gallois, Samantha Salim | May 21, 2018 | Articles, Chemistry, Industrial Design, Intellectual Property, Mechanics
The Brazilian PTO published on May, 9th Rule # 218/2018, which establishes the second phase of the Patent Prosecution Highway (PPH) between the Brazilian PTO and the USPTO. The period for receiving fast-track examination requests within this PPH is between May 10,...
Pharma trademarks in Brazil: going to court to get your name
by Isabella Cardozo, Rafael Rocha, Robert Daniel-Shores | May 10, 2018 | Articles, Litigation, Pharma, Trademarks
BRPTO’s establishes guidelines for examining chemical patent applications
by Kene Gallois, Samantha Salim | May 10, 2018 | Articles, Chemistry, Patents
The Brazilian PTO published in January 2nd Rule 208/2017, which provides guidelines for the examination of patent applications related to the chemical field. As informed by our firm on 03/31/2017, a draft version of these guidelines was submitted to public...
The Challenges of Brazilian Franchises
by Daniel Law | May 8, 2018 | Brazil, Franchising, Intellectual Property
The Brazilian Franchise Association (ABF) reported an impressive growth of 8.3% in total revenues from franchise operations in 2015 and expects sales to expand by at least 6% in 2016. Despite these impressive results, the overall outlook of an economic downturn and...
Why Conduct Trademark Searches in Brazil?
by Isabella Cardozo | May 8, 2018 | Articles, Intellectual Property, Search, Trademarks
Why Brazil? When people think about Brazil they often imagine just another country in South America, like Argentina or Chile. The truth is that the Brazilian economy is bigger that the rest of the subcontinent put together. Also, although Brazil is the only country in...
The Brazilian ‘Internet Bill Of Rights’ and online infringement of IP Rights
by Daniel Law | May 8, 2018 | Articles, Criminal, Digital, Intellectual Property
On April 23, 2014, Brazilian President Dilma Rousseff sanctioned into law (Federal Law no. 12,965/2014) a bill of rights for Internet users, known as the “Marco Civil da Internet”, which establishes principles, guarantees, rights and duties related to the use of the...
How Do You Protect Weak Trademarks From The Legal Point of View
by Lívia Helayel | May 8, 2018 | Articles, Intellectual Property, Trademarks
The recent rejection by Brazil´s National Patent and Trademark Office of the well-known SELARIA brand of the famous luxury store chain, Richards, which belongs to Inbrands, reawakened debates on an old topic: what defines the strength of a trademark? In a bid to...
Recognition of Distinctiveness for Three-Dimensional Trademark in France
by Fábio Leme | May 8, 2018 | Articles, Intellectual Property, Trademarks
In Brazil, the three-dimensional trademark is defined in accordance with the concept adopted by the Brazilian PTO as the “sign consisting of its physical shape which is distinctive in itself and sufficiently able to individualize the products or services to all intent...
The peculiarities of the trademark registration system in Brazil
by Isabella Cardozo | May 8, 2018 | Articles, Intellectual Property, Prosecution, Trademarks
At first glance it might appear that registering a trademark in Brazil is a simple task. There is a certain level of harmonization within IP Laws and the basic steps, such as filing an application, awaiting the PTO analysis, paying the registration fees and securing...