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Brazil becomes a Contracting Party of the Hague Agreement for Registration of Industrial Designs

The Brazilian Patent Office (BPO) has instituted, by Ordinance No. 025, dated July 3rd, 2023, which will be in force on August 1st, 2023, a new regulation that provides for the registration of industrial designs under the Hague Agreement.

As from August 1st, 2023, Brazil will join 96 other countries already taking part in the Hague Agreement. The participation aims to simplify the prosecution of applications for registration and reduce costs.

As established, the international registration designating Brazil will produce the same effects as an application for registration of an industrial design filed directly in the country, from the date of designation.

As the applications for registration will be examined in line with Law No. 9,279, of May 14th, 1996, (Industrial Property Law – IPL), and with conditions set down by BPO in the Manual of Industrial Designs, when carrying out any acts directly before BPO, the title-holder of an international registration domiciled abroad must constitute and keep a qualified attorney based in Brazil.

From the notification of Brazil designation, BPO must send to the International Bureau within a 6-month term a granting declaration or a refusal notification, which can refer to the formulation of requirement(s) during exam, suspension of the exam due to a lawsuit, or rejecting decision.

BPO will have autonomy to refuse the effects of an international registration in cases where i. reproductions in the international registration fail to clearly and sufficiently represent the industrial design; ii. said registration includes more than one object thus contravening Article 104 of the IPL; or iii. said registration is not in accordance with the other provisions of the IPL. Any deadlines to be fulfilled will be communicated along with the refusal.

Depending on the specific case, after the refusal notification, BPO shall send to the International Bureau a communication on the granting of the registration or the reversal of the rejecting decision.

International registrations designating Brazil will be renewed every 5-five years upon payment to the International Bureau with a maximum protection term of 25 (twenty-five) years, counted from the date of filing of the international registration.

Any decision directly affecting the protection of an industrial design for a Brazil designation shall be communicated to the International Bureau.

Click here to access BPO’s Ordinance 25/2023 full text.

If you are interested in obtaining more details, if you have specific questions or if you wish to benefit from the Hague agreement, do not hesitate to contact us at mail@kasznarleonardos.com.

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