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...
Client Alert
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)
Recent developments in PTA litigation in Brazil
Even though significant progress has been made recently, the problem of delay in the Brazilian PTO in relation to patent proceedings is well known, a fact that is attested to by the numerous cases being taken against the body. Until April 2021, patentees could rely on...
ANPD publishes Cookies and Data Protection Guideline
Today (10/18), the Brazilian DPA (ANPD) published its Cookies and Data Protection Guidelines for the purpose of guiding processing agents on the best practices to be adopted on the subject, outlining points of attention regarding the rights and obligations of these...
Hague agreement awaits enactment after Senate approval
The Draft Legislative Decree No. 274/22 was approved on 10/06/22, which deals with Brazil's accession to the Hague Agreement, on the international registration of Industrial Designs. The agreement aims to simplify procedures and reduce costs for registrations of...
New rules from ANVISA – National Agency of Sanitary Vigilance on labelling requirements
On September 15, 2022, the Federal Register published Resolution 751, which deals with risk classification, notification and registration regimes, and the labelling requirements and instructions for the use of medical devices. This resolution will come into force on...
Successful Patent Prosecution Highway program reaches annual limit in Brazil
With the annual limit reached in September, new applications can only be submitted from 01/01/2023 onwards We ended the third quarter of 2022 reaching the annual limit of 800 applications under the Patent Prosecution Highway program. Reaching this limit so early in...
ANPD to take public contributions on processing personal data of children and adolescents
On 09/08/22, the Brazilian National Data Protection Authority (ANPD) announced on its website that it will accept public contributions on the topic of processing the personal data of children and adolescents. With this opening, the ANPD aims to build solid support for...
PPH requests have reached 90% of the threshold for full year 2022
With the limit of 800 requests per annual cycle, the PPH Program is almost reaching the threshold for 2022. According to new Brazilian PTO’s Ordinance #13/2022, among others, the conditions to request participation into this program are: • 01 requirement/week per...
ANPD starts public consultation process on the assessment of LGPD sanctions
The ANPD has released a draft Resolution on the application of sanctions, in order to provide a necessary framework to exercise its sanctioning powers and complement the regulation on the inspection and administrative sanctioning processes (Resolution CD/ANPD No. 1 of...
New ANVISA rules for labelling of food enter into force on 10/09/2022
The aim of the standards is to improve the clarity and readability of food labels and thus help consumers make more conscious food choices. In addition to changes to the information table and nutrition claims, the novelty will be the adoption of nutrition labelling at...
Patent Prosecution Highway Acceleration Program between Brazil and South Korea is renewed
The program recognizes patent protection as a key element in promoting technological innovation among countries. In July 2022, the National Institute of Industrial Property – INPI renewed the Patent Prosecution Highway (PPH) program agreement with the Korean...