Last month, the World Intellectual Property Organization (“WIPO”), together with institutional partners, released its 14th Global Innovation Index (“GII”) report. In this post, we briefly look at Brazil’s position in the index and some of the ongoing initiatives that...
Blog
Brazilian DPA signs first international co-operation agreement with Spanish authority
In our recent posts, we have been following the developments in the ANPD (Brazil’s Data Protection Agency) highlighting updates and key developments over the last months. The ANPD has already opened several public consultations and produced useful guidelines to assist...
Following the latest developments in Brazil’s DPA
In our last post on this topic, we discussed recent developments in respect of the ANPD (the Brazilian DPA) and the LGPD (Brazil’s Data Protection law). Since our last post, the new law came into full effect, bringing with it strict penalties for companies’ that are...
How are digital influencers regulated in Brazil?
In Brazil, advertising is subject to different legal considerations based on Constitutional, Civil, Intellectual Property and Data Protection Law, amongst other areas. Cases related to advertising are dealt with before the Brazilian civil courts, as well as by the...
Brazil: tackling patent infringement in the courts
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...
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...
What can 5G do for the gaming world?
The gaming industry has exploded in recent years and the gaming craze continues to spread across the globe. Further, diverse forecasts show that this is a trend of exponential growth, as it is one of the industries that will benefit most from 5G, a fifth-generation...
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....
Right of publicity under the Brazilian Legislation
There is no specific provision in the Brazilian legislation that recognizes the right of publicity, an intellectual property right described as the right of every individual to control the commercial exploitation of his or her likeness. In Brazil, aspects of one’s...
Games and loyalty programs in Brazil
Gamification is here to stay and is now reaching all markets. This is nothing new. Today, the strategy is commonly used in combination with so-called loyalty programs, in which users are motivated by numerous factors to consume and remain loyal to certain companies....
Cannabis in Brazil: a synopsis of current market
Recent events in Brazil may be seen as further steps in a slowly changing position in the cannabis market across the region. Such change takes place with the background of growing investment in the medicinal benefits of marijuana and other narcotic substances....
Brazilian DPA issues guidelines on data processing agents
In a recent post, we discussed the latest developments in respect of the Brazil’s new federal data protection authority (the ANPD). Brazil’s general data protection law (the LGPD) has finally come into full effect in August 2021, bringing with it new obligations for...
A closer look at the Brazilian e-sports market
It is no secret that the global e-sports market has been exploding in recent years. A 2021 Global E-sports Market report produced by Newzoo highlights that global e-sports revenues will grow to $1,084 million in 2021. This means a growth of +14.5%, from $947.1 million...
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...