NEWS AND PUBLICATIONS
Jack Daniel’s v. VIP: A Comparative Analysis of the U.S. and Brazilian Approaches to Trademarks and Free Speech
by Beatriz Beserra | Jul 3, 2023 | Articles, Trademarks
Co-authored with Julian Cornelius On June 8, the United States Supreme Court handed down a surprisingly decisive ruling on trademark law and its relationship with First Amendment rights. The Court found that free speech rights did not protect a manufacturer of dog...
Accession of Brazil to the Madrid Protocol ‘To Monitor, or Not to Monitor? That Is the Question Some ECTA Members Would Like Answered’
by Robert Daniel-Shores, Isabella Buck Shores | Jun 29, 2023 | Articles, Trademarks
After much speculation and decades of debates, Brazil finally joined the Madrid Protocol in 2019. As of 2 October of that year, the Madrid System became effective in the country. This follows the global norm whereby national and international trade mark holders may...
Unlocking Brazil’s Potential: Advancements in Intellectual Property and Innovation
by Daniel Law | Jun 22, 2023 | Blog, Intellectual Property, Madrid Protocol, Patents, Trademarks
Over the last years, Brazil has been investing in new initiatives to become more modern and competitive. The steps taken include ratifying important international treaties, defining new strategies, regulations, and legislation, conducting public consultation...
Brazilian Government Enacts New Rules for Royalty Deductibility and Remittance
by Guilherme Filho | Jun 16, 2023 | Articles, Client Alert
After the National Congress approved the final text on May 05, 2023, Provisional Measure No. 1,152/2022 was sanctioned by the Brazilian Government and enacted into law (Law no. 14.596/2023) on June 14, 2023. As we anticipated in our previous communications, the new...
Prior Art and Patentability (Brazil)
by Ricardo Nunes, Kene Gallois | Jun 12, 2023 | Articles, Life Sciences, Patents
A Practice Note addressing prior art and patentability in Brazil, which affects the scope of protection of any patent granted in Brazil. It provides guidance for determining whether a reference document or activity qualifies as prior art in Brazil and addresses...
Patent License Agreements (Brazil)
by Antonio Curvello, Carolina Menezes | Jun 12, 2023 | Articles, Patents
A Practice Note addressing the key legal issues to consider when drafting, negotiating, and entering into a patent license governed by Brazilian law. This Note considers the formalities and scope of patent licenses, improvements, risk allocation, royalties, and...
Cannabis for Therapeutic Purposes in Brazil: Recent Developments and Future Perspectives
by Kene Gallois, Samantha Salim | May 22, 2023 | Articles, Cannabis, Life Sciences, Patents
It is not news that cannabis-based medicines have been used for millennia around the world in the treatment of conditions and diseases such as chronic pain; epilepsy; neuropsychiatric disorders; nausea and vomiting related to chemotherapy; symptoms associated with...
Divisional applications in Brazil: a brief comparison with other jurisdictions
by Kene Gallois, Luis Maciel | May 8, 2023 | Articles, Life Sciences, Patents
Similar to other jurisdictions, divisional applications are also a useful tool when considering patent strategy in Brazil. The objective of this blog is to touch on the main points of the prosecution of divisional applications in Brazil and compare it with other...
From Extraction to Sustainability: Green Technologies in Metallurgy and Mining Activities
by Camila Conegundes | Apr 19, 2023 | Articles, Patents
Although the mining and metallurgical sectors are still seen as environmentally unfriendly industries, innovation in these sectors has been increasing since the beginning of the century, including in the development of green technologies. Four years ago, the World...
ANPD publishes Cookies and Data Protection Guideline
by Nuria López, Paula Rodrigues | Oct 18, 2022 | Client Alert, Technology
Today (10/18), the Brazilian DPA (ANPD) published its Cookies and Data Protection Guidelines for the purpose of guiding processing agents on the best practices to be adopted on the subject, outlining points of attention regarding the rights and obligations of these...
Hague agreement awaits enactment after Senate approval
by Diogo Netto | Oct 7, 2022 | Client Alert, Industrial Design
The Draft Legislative Decree No. 274/22 was approved on 10/06/22, which deals with Brazil's accession to the Hague Agreement, on the international registration of Industrial Designs. The agreement aims to simplify procedures and reduce costs for registrations of...
New rules from ANVISA – National Agency of Sanitary Vigilance on labelling requirements
by Daniel Law | Oct 5, 2022 | Client Alert, Life Sciences
On September 15, 2022, the Federal Register published Resolution 751, which deals with risk classification, notification and registration regimes, and the labelling requirements and instructions for the use of medical devices. This resolution will come into force on...
Brazilian presidential election: what a Bolsanaro or Lula win means for trademark owners
by André Oliveira | Sep 29, 2022 | Articles, Legal
We are just days away from Brazilians heading to the polls to pick their next leader, and the result could have a significant impact on the brand protection ecosystem in Brazil. WTR talks with experts in the region about what the implications could be should incumbent...
Successful Patent Prosecution Highway program reaches annual limit in Brazil
by Gustavo Sartori, Marcelo Correa | Sep 29, 2022 | Client Alert, Patents
With the annual limit reached in September, new applications can only be submitted from 01/01/2023 onwards We ended the third quarter of 2022 reaching the annual limit of 800 applications under the Patent Prosecution Highway program. Reaching this limit so early in...
ANPD to take public contributions on processing personal data of children and adolescents
by Nuria López, Maraísa Cezarino | Sep 15, 2022 | Client Alert, Technology
On 09/08/22, the Brazilian National Data Protection Authority (ANPD) announced on its website that it will accept public contributions on the topic of processing the personal data of children and adolescents. With this opening, the ANPD aims to build solid support for...