NEWS AND PUBLICATIONS
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 Daniel Law | 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,...
The Brazilian Government may grant 230.000 pending patent applications to eliminate the backlog
by Ricardo Nunes, Rana Gosain | May 8, 2018 | Articles, Intellectual Property, Patents, Prosecution
The Brazilian Government is considering an emergency measure to eliminate the Patent Office’s chronic backlog problem by automatically granting 230,000 pending applications by 2020. The Government labelled this proposed emergency measure an “extraordinary solution”...
A different path to protection
by Roberta Arantes | May 8, 2018 | Articles, Intellectual Property, Legal, Prosecution, Trademarks
Brazil is the largest market in Latin America. Every year, the Brazil Patent and Trademark Office (INPI) receives thousands of applications, most of them from foreign applicants. The timeframe to obtain a trademark registration, however, is still challenging. How can...
Bridging the great divide
by Kene Gallois, Samantha Salim | May 8, 2018 | Articles, Chemistry, Intellectual Property, Life Sciences, Pharma, Prosecution
Since 2001, the grant of pharmaceutical-related patent applications in Brazil has come to depend on a prior approval analysis by the Brazilian National Health Surveillance Agency (ANVISA). ANVISA and the Brazilian Patent and Trademark Office (INPI) initially agreed...
Pulling the plug on INPI’s backlog
by Ricardo Nunes, Rana Gosain | May 8, 2018 | Articles, Intellectual Property, Patents, Prosecution
Brazil’s government is expected soon to launch an emergency measure to eliminate the Brazilian Patent and Trademark Office’s (INPI) backlog by automatically granting 231,000 pending non-pharmaceutical applications. The proposed rules for implementing the new measure...
Undue Abandonment of Trademarks in India
by Anne Holanda | May 8, 2018 | Articles, Brand Conflict, Intellectual Property, Prosecution, Search, Trademarks
An unexpected notification issued by the Patent and Trademark Office (PTO) of India in recent weeks caused an uproar among trademark owners in that country. Through said notification, the Trademark Office reportedly mass abandoned approximately 160,000 trademark...
The Most Important Aspects of Protecting Your Biotechnology Invention in Brazil
by Kene Gallois | May 8, 2018 | Articles, Brazil, Intellectual Property, Patents, Prosecution, Search, Technology
Biotechnology is a fascinating industry involving genetic research, animal and human health care issues, the development of innovative bio medicaments and food with desirable characteristics, as well as the use of the environment. The wide range of uses and benefits...
Selection invention in the pharmaceutical area: an overview of the BPTO and ANVISA’s legal opinions
by Samantha Salim | May 8, 2018 | Articles, Brazil, Chemistry, Intellectual Property, Life Sciences, Patents, Prosecution
A selection invention is one in which a single element or small segment within a broad known group is selected and claimed in an independent way, based on a particular feature that is not mentioned in the broader group. The patents that use a Markush-type formula to...