Brazil is the second largest country in the Americas, both in terms of GDP and population. The Brazilian Industrial Property law (Law 9279/1996) governs all areas of IP (patents, trademarks, designs, unfair competition, etc.) and also sets out important procedures and...
Intellectual Property
Brazilian PTO creates new rules for position marks
On 21 September, the Brazilian PTO published a new rule, providing for the registration of trademarks in the form of a position mark. This is good news, as it brings the country in line with other jurisdictions that already accept this type of registration...
Brazilian PTO annuls patent for CBD based drug
In a decision published on 27 July, the Brazilian PTO annulled the patent for the drug Myalo, a CBD based medicine marketed by the company Prati-Donaduzzi. As discussed in our previous article on the subject of Patents for Cannabis Products in Brazil, Prati-Donaduzzi...
Revisiting the exhaustion of IP rights
A topic that has recently resurged is the exhaustion of IP rights and what it means for companies doing business internationally. This is due to the impacts of Brexit (see our recent post-blog on this topic) and what this means in terms of IP rights in the EU and UK....
Backlog combat programme: Brazilian PTO reaches its highest patent decision indicators
The issue of reducing the backlog of the examination of patent applications has become a priority for the Brazilian PTO. In 2019, a programme aiming at expediting the examination procedure was created targeting patents applications filed until December 31 2016. This...
The role of ANVISA in cannabis related patents
As mentioned in our previous post on this topic, patent applications for pharmaceutical products or processes must be submitted to ANVISA (The Brazilian Health Surveillance Agency) for prior consent based on a public health analysis. The government lists many...
Intellectual Property in Brazil: A brief synopsis
Over the last years, the government began focusing its attention on creating a culture of innovation, and the growth of Intellectual Property in Brazil. This led to many new initiatives across all powers of Brazilian government aiming to make the country more modern...
Where to next for the Brazilian automotive sector?
The automotive industry is of huge significance to the global economy. In 2019 alone, more than 91 million cars, vans and buses were produced worldwide (corresponding to a gross revenue of more than US $ 2.27 trillion dollars). The industry has taken a significant hit...
Cannabis products in Brazil: a new agri-business?
Recent events in Brazil may be seen as further steps in a slowly changing position toward cannabis-based products in the region. Such change takes place with the background of growing investment in the medicinal benefits of marijuana and other narcotic substances....
Brazil: Anti-Counterfeiting and Piracy Update
As the largest and most populous country in Latin America, it was often difficult in the past for owners to protect the intellectual property relating to their products and services in Brazil against counterfeiting and piracy. Moreover, the enforcement of IP rights in...
Constitutional challenge regarding minimum term of patent protection in Brazil: analysis postponed, and preliminary injunction partially granted by Reporting Justice
The Brazilian Supreme Court has postponed the analysis of a landmark constitutional case that challenges the legal provision that establishes a minimum period of patent protection of 10 years counted from the date of grant. In view of that, however, the...
STF to hear constitutional challenge on minimum patent term
On April 7 (Wednesday), the Brazilian Federal Supreme Court should start to consider ADI 5529, a landmark constitutional case that challenges the legitimacy of the legal provision that provides for a minimum period of patent protection of 10 years counted from the...