NEWS AND PUBLICATIONS
Change to patent law could be a blow to Brazilian innovation
by Ricardo Nunes | Apr 14, 2021 | Articles, Patents
A Supreme Court ruling limits medical patents to a maximum of 20 years. Investors in innovation are likely to steer clear of Brazil A vote to change a single paragraph of Brazil's industrial property law could pose a significant threat to innovation in the country....
Update on Constitutional Challenge Regarding Term of Patent Protection in Brazil
by Ricardo Nunes | Apr 9, 2021 | Articles, Intellectual Property, Legal & IP Strategy, Litigation, Patents
On Wednesday, the Brazilian Supreme Court postponed its hearing on a constitutional case that challenges the legal provision that establishes a minimum period of patent protection of 10 years counted from the date of grant. The Reporting Justice, however, decided to...
Coronavirus and IP – Is it time for a reflection about the patent system? Or about the life science first?
by Roberto Ribeiro | Mar 15, 2021 | Articles, Intellectual Property, Legal & IP Strategy, Life Sciences, Patents
During my recent attendance at the MIP – Managing Intellectual Property, International Patent Forum 2020 in London early this month, which Daniel Law sponsored, I had the privilege of attending to a session in which the Hon. Mr. Justice Birss, judge of the High Court...
The Nagoya Protocol enters into force in Brazil
by Kene Gallois | Mar 10, 2021 | Articles, Brazil, Intellectual Property, Life Sciences, Patents, Pharma
The final stage was concluded on March 04, 2021: Brazil ratified the Nagoya Protocol, a multilateral agreement supplementary to the Convention on Biological Diversity that establishes rules of access to genetic resources and traditional knowledge associated with them,...
Madrid Protocol in Brazil – Some First Impressions.
by Daniel Law | Mar 2, 2021 | Blog, BPTO News, Intellectual Property, Legal & IP Strategy, Madrid Protocol, Prosecution, Trademarks
What we have learned about the Madrid Protocol in Brazil In a recent article, we discussed how the Brazilian government began to focus its attention on creating a culture of innovation, and the growth of Intellectual Property and technology in the country over the...
The BPTO: A Positive Transformation?
by Daniel Law | Mar 1, 2021 | Blog, BPTO News, DANIEL INOVA REGULATORY AND LEGISLATIVE IP, Patents, REGULATORY AND LEGISLATIVE IP, Trademarks
When meeting international colleagues at conferences and IP events, the conversation often centered around the Brazilian Patent and Trademark Office’s (BPTO) well documented problems with delay and backlog of applications. In patents, for example, it was quite...
Next level: about video games and intellectual property
by Fernanda Vieira | Feb 24, 2021 | Articles, Counterfeiting
While the gaming industry was already booming, the pandemic caused by coronavirus caused the numbers to reach historic highs. Suddenly, the world finds itself forced to stay at home with newly found time to play the games that, in turn, have become a window to...
NFT’s and games: the next frontier (and the legal considerations along the way)
by Fernanda Vieira | Feb 24, 2021 | Articles, Digital
They are the "latest craze", the talk of the town. It seems that every week we discover a new use for them. There are three letters that have been appearing consistently in the news: NFT, the so-called non-fungible tokens (in Portuguese, “token não-fungível”). An NFT...
Brazil about to enter the Madrid System
by Roberta Arantes, Cecília Delgado | Feb 22, 2021 | Articles, Trademarks
The Madrid System will enter into force in Brazil on October 2, 2019, three months after the delivery of the instrument of accession of Brazil to WIPO. In the wake of the adherence to the international system the Brazilian Patent and Trademark Office (BPTO) released...
How to patent second medical uses in Brazil
by Roberto Ribeiro | Feb 22, 2021 | Articles, Brazil, Intellectual Property, Life Sciences, Patents, Pharma, Prosecution
Increasingly important to life sciences innovation, the repurposing of existing drugs is not patentable in some major developing markets. While the caselaw suggests that second medical uses can be protected in Brazil, Roberto Ribeiro of Daniel IP explains, there are...
BRAZIL: Co-Ownership of Trademarks Approved
by Daniel Law | Feb 21, 2021 | Articles, Brazil, Intellectual Property, Trademarks
As announced by the Brazilian Patent and Trademark Office (BPTO) on September 8, 2020, the possibility of co-owning trademarks in Brazil came into effect on September 15, 2020. The co-ownership of trademarks is now an option to applicants, for both new local...
What is the impact of coronavirus on the cannabis industry?
by Robert Daniel-Shores | Feb 21, 2021 | Articles, Brazil, Cannabis, Litigation, Trademarks
Amid the massive public health crisis caused by the fear of the spread of COVID-19, economies and societies around the world are facing hardship, with entire businesses brought to a sudden halt. It is difficult to predict what markets will look like in the foreseeable...
Brazil Relaxes Its Approach to Cannabis and What It Means to Brand Owners
by Gabriel Sacramento | Feb 21, 2021 | Articles, Brazil, Cannabis, Intellectual Property, Legal & IP Strategy, Trademarks
By Fernanda Quental and Gabriel Sacramento The legalization of the consumption of cannabis and cannabis-derived products in such countries as Canada, Israel, Switzerland, and Uruguay—and several states in the United States—has led to the rapid development of a...
Ralph’s Coffee and The Polo Bar: using brand extensions to empower the communication of emotional attributes in Lifestyle Fashion Brands
by Gabriel Sacramento | Feb 21, 2021 | Articles, Intellectual Property, Trademarks
The art of gaining consumer’s admiration and loyalty is not like it used to be. Nowadays, the way a relationship between brand/consumer is established has changed and became even more challenging. Because of that, fashion and luxury companies are required to do much...
The Brazilian PPH “Fast Track” Program – One year on
by Guilherme Coutinho | Feb 21, 2021 | Articles, Intellectual Property, Legal & IP Strategy, Patents, Prosecution
It is one year since the Brazilian Patent and Trademark Office (BRPTO) published Rule 252/2019, unifying the procedure for requesting participation in the various Patent Prosecution Highway (PPH) programs. The PPH is a way of achieving accelerated examination for...