The Brazilian Supreme Federal Court concludes today, 08/21/2023, the virtual session of the trial for Case of Direct Unconstitutionality (ADI) 3526. By a majority vote, including the recently appointed Justice Cristiano Zanin, the Court decided on the...
Client Alert
Implementation of Innovative Changes to the Recordal of Technology Agreements in Brazil
On July 11, 2023, the Brazilian Patent and Trademark Office (BPTO) published on its Journal of Industrial Property (RPI), edition No. 2740, Ordinances No. 26 and 27/2023, formalizing and implementing the changes made in December 2022, regarding the process of recordal...
ANVISA prohibits importation of the Cannabis plant in natura
Through Technical Note No. 35/2023, ANVISA (the Brazilian National Agency for Sanitary Surveillance – the Brazilian FDA) prohibited the importation of the Cannabis plant in natura, whole or in parts (including its flowers), as of July 20, 2023. This decision does not...
Design Patent – Brazil to become part of the Digital Access Service for Priority Documents of WIPO
As of August 1, 2023, Brazil will also become part of the Digital Access Service for Priority Documents (DAS) of the World Intellectual Property Organization (WIPO) as an "accessing office" for industrial designs. Consequently, the Brazilian PTO (INPI) will start...
Brazilian Data Protection Authority Issues First Official Fine
On 06 July, was published the first sanctioning decision of the Brazilian Data Protection Authority (ANPD), issued in the Administrative Proceeding No. 00261.000489/2022-62. In summary, the authority imposed the following sanctions on a small company that operates in...
Brazilian Government Enacts New Rules for Royalty Deductibility and Remittance
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...
Brazilian PTO publishes the final version of the guidelines for examining inventions related to transgenic plants, especially elite events
As previously reported, in June of last year, the Brazilian PTO opened a public consultation on the technical note regarding patentability requirements for inventions related to transgenic plants, especially elite events. After receiving comments and suggestions from...
Understanding the Andean Opposition Protocol
During a recent administration program of the United States Patent and Trademark Office (USPTO), the national industrial property offices of Peru, Colombia and Ecuador signed a new case management protocol for the Andean Opposition. The purpose of the Protocol is to...
ANPD approves rules for applying sanctions for violations of the LGPD
The Brazilian National Data Protection Authority (ANPD) published today (02/27) the rules for the application of sanctions and the methodology for calculating fines for violation of the General Data Protection Law - LGPD (Resolution CD/ANPD No. 04/2023 of 02/24/2023)....
New cycle of PPH requests starts in January 2023
On January 01, 2023, a new cycle of requests to participate in the Patent Prosecution Highway (PPH) Program began. The PPH program is a bilateral co-operation agreement between the Brazilian PTO and other Patent Offices in the world (such as, USPTO, EPO, JPO, etc.)...
The prospects for IP in Brazil in view of the recent change in administration
The aim of this article is to present a summary of the information made available after the recent national election and to establish a relationship between the points raised and possible future scenarios for the Brazilian Intellectual Property landscape. With the...
Recordal of license agreements: recent groundbreaking changes you should know about
On December 28, 2022, through a meeting of directors, the Brazilian PTO approved the adoption of important changes in the process of recording technology agreements, and in previously established understandings of this Office. These changes not only simplify the...
New year, new rules: changes to the norms governing remittance of royalties abroad and the transfer pricing calculation
On the last day of 2022, the New Foreign Exchange Framework (Law No. 14,286/2021) came into force, updating the rules on the foreign exchange market and on the provision of information to the Central Bank of Brazil – BACEN, among other aspects. The changes included...
Phase IV of Patent Prosecution Highway (PPH) will be implemented with some modifications
The Brazilian PTO published today Phase IV (Ordinance No. 78/2022) of Patent Prosecution Highway (PPH) program, implementing new rules for the acceptance into the program, which will begin on January 01, 2023.
New ordinance regarding accelerated patent prosecution in Brazil
The Brazilian PTO has created programs that enable accelerated examination for patent applications, significantly reducing analysis and processing completion time. In addition to the Patent Prosecution Highway (PPH)