On 18 October, the Brazilian National Data Protection Authority (ANPD) published its Guide on “Cookies and Personal Data Protection”, which is aimed at both processing agents and rights holders. This post provides some background on Cookies and how they are currently...
Patents
Three important considerations on Patent Licensing in Brazil
Are you interested to learn about some of the particularities of Patent Licensing in Brazil? Below, we take a look at 3 important considerations about this topic, including the local laws that limit the terms upon which parties may agree a patent license, information...
Getting to know Brazilian Patent Practice
In the past, we received some questions regarding patent practice in Brazil and how this differs to other countries (in this post, we provide a contrast to the US approach). While similar in many ways, there are also some key differences between patent practice in...
Compulsory Licensing – a synopsis of what’s been happening in Brazil and abroad
For those new to the topic, Compulsory Licensing refers to the process where a government allows third parties to manufacture a patented product or practice certain process via a license mandatorily granted in favor of such third parties by force of law (i.e., without...
Top 7 questions on patent prosecution and opposition in Brazil
Are you interested to learn about some of the particularities of patent prosecution and opposition in Brazil? Here we take a look at 7 “introductory questions” that people routinely want answered when looking to Brazil as a potential country to expand their patent...
New Brazilian e-software system delivers strong growth in registrations
In Brazil, the software market is expanding rapidly. According to the recent numbers from the Brazilian Association of Software Companies (ABES), the national Information Technology market involved more than 49 billion dollars in 2020. In Brazil, software is mainly...
Software related inventions in Brazil
Below we provide a brief overview of the respective approaches in patenting of software related inventions in the US and Europe, before providing some short information on the current practice in Brazil. Software can have diverse characteristics and elements and there...
Using empirical research to understand Brazilian IP practice
The discussion on using empirical research for law is not a new one. In fact, the term “Jurimetrics” was already in frequent use in the US during the 1960s, when computers started to have a more radical effect on legal research capabilities. So, what is jurimetrics?...
A look at recent innovation and technology measures in Brazil
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...
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...
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...
Patents for cannabis products in Brazil
In a recent post on this topic, we discussed how the slowly changing position toward cannabis-based products in Brazil, with the background of growing investment in the medicinal benefits of marijuana and other narcotic substances. But what is the current position in...
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...
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...