NEWS AND PUBLICATIONS
Biotechnology Patents in Brazil: Current Situation and Expectations
by Kene Gallois | May 8, 2018 | Articles, Intellectual Property, Life Sciences, Patents, Prosecution
Biotechnology is a multidisciplinary science that integrates concepts of Biology, Chemistry, Engineering and Informatics, based on the use of living organisms and biological systems for the production of improved products and processes with applications in...
Brazil x Europe – A Comparative Study as to Antibody Patentability
by Kene Gallois | May 8, 2018 | Articles, Chemistry, Intellectual Property, Life Sciences, Patents, Pharma, Prosecution
Despite the ongoing efforts to harmonize patent practice in all countries, some differences persist. When it comes to technological domains, like biotechnology, minor differences can yield a huge impact at the end. This is the case of antibody patentability. It is not...
Innovation Stimulus and Pharma Update In Brazil
by Rana Gosain | May 8, 2018 | Articles, Brazil, Intellectual Property, Life Sciences, Patents, Pharma, Prosecution
The Brazilian Government is bent on stimulating local cutting-edge innovation and thus wants to empower its domestic industry so that these industries can innovate and compete. This is the very reason that Brazil created a few years back, an ambitious project called...
Main Aspects of Plant Protection in Brazil and its Changes Over These Twenty Years
by Kene Gallois | May 8, 2018 | Articles, Chemistry, Intellectual Property, Life Sciences, Patents, Pharma
Plant variety protection (PVP) was discussed in Brazil for the first time in 1976 with the intention of drafting a law that would regulate intellectual property concerning plant breeding since the Brazilian Patent Law never permitted and until now it does not permit...
Priority Exam for Patent Applications: PTO Makes Changes and Expands The Participation by Interested Third Parties
by Daniel Law | May 8, 2018 | Intellectual Property, Patents, Prosecution
Brazil´s Patent and Trademark Office (PTO) has made moves in recent months in a bid to reduce the huge backlog of patent applications exams. Besides the Priority Exams Resolution for patent applications from 2013, the PTO recently announced the creation of the Green...
Update on Brazil’s pharma patent landscape
by Rana Gosain | May 8, 2018 | Articles, Brazil, Intellectual Property, Life Sciences, Patents, Pharma, Prosecution
Brazil is the eighth largest pharmaceutical market in terms of revenue and Latin America’s largest markets. The consumption of drugs in the retail market represents about 70% of the pharmaceutical industry. Over the past 4 years, there has been a growth of 45% of...
Product/customer experience and the evolution of trade dress protection in Brazil
by Robert Daniel-Shores, Roberta Arantes | May 8, 2018 | Articles, Intellectual Property, Prosecution, Trademarks
The Internet is a new frontier that is, gradually, opening up to all businesses and users alike, and when the Internet of Things (IoT) allows objects to be sensed and/or controlled remotely across existing network infrastructure, a completely new string of products...
BRPTO launched a public consultation inviting comments on chemical patents application
by Kene Gallois, Samantha Salim | May 8, 2018 | Articles, Chemistry, Intellectual Property, Life Sciences, Patents, Pharma, Prosecution
The Brazilian PTO published a draft guidelines for the examination of patent applications related to the chemical field (please find enclosed an English version thereof). Any comments and suggestions regarding such draft guidelines must be submitted up to May 16,...
BRPTO and ANVISA’s role regarding the examination of pharma patents application
by Kene Gallois, Samantha Salim | May 8, 2018 | Articles, Chemistry, Intellectual Property, Life Sciences, Patents, Pharma, Prosecution
On April 12, 2017, Brazilian PTO and ANVISA (Brazilian Health Surveillance Agency) signed the Joint Ordinance # 1/2017, which regulates the procedures for the application of Article 229-C of Brazilian IP Law # 9,279/1996 inserted by Law # 10,196/2001. This Joint...
The (Lack of) Encouragement to Technological Development in Brazil
by Daniel Law | May 8, 2018 | Contracts, Intellectual Property, Legal, Software and Telecom, Technology
The Superior Court of Justice (STJ) recently issued a decision involving the multinational company Unilever. This reversed forty years of economic policies and represents a significant discouragement to business and technological development in Brazil. The decision by...
BRPTO New guidelines for the recording of agreements
by Daniel Law | May 8, 2018 | Contracts, Intellectual Property, Legal, Software and Telecom
The BR PTO (the Brazilian Patent and Trademark Office) has just released new instructions about the registration of international agreements involving industrial property. It appears that the BR PTO will adopt a less interventionist character, especially with respect...
The BRPTO and JPO stablish a PPH Pilot Program
by Gustavo Sartori | May 8, 2018 | Articles, Intellectual Property, Mechanics, Patents, Prosecution, Software and Telecom
The Brazilian PTO has published the Resolution #184/2017 that establishes the Brazil-Japan Patent Prosecution Highway (PPH) Pilot Program. According to this resolution, the applicant may request fast-track examination for a Brazilian patent application whose Japanese...
Welcome recognition for the prohibition of parallel imports
by Fábio Leme | May 8, 2018 | Articles, Intellectual Property, Legal, Parallel Import, Trademarks
At the end of 2016, the judge from the 43rd Civil Court of the Central Venue of São Paulo granted an interlocutory relief in favor of a well-known company that is involved in computers, videogames and electronic products in general. He ordered the search and seizure...
New Copyright Law declared constitutional
by Fabio Barros | May 8, 2018 | Contracts, Copyright, Franchising, Intellectual Property, Legal
The Federal Supreme Court (STF) recently declared the constitutionality of the new Copyright law (Law 12853/2013), which directly affects the management, collection and distribution of the amounts related to copyright in Brazil. A new decision regarding the payment of...
New Market Entry: the Brazilian Franchise Guide for International Marks
by Daniel Law | May 8, 2018 | Contracts, Franchising, Intellectual Property, Legal, Trademarks
Franchising has certainly consecrated a very important private sector in Brazil. It still interests to small and medium investors that see in franchise a good opportunity to start-up a business with lower risks of failure. In the meanwhile, great business’ men,...