By Luciana Yumi Hiane Minada

We are pleased to announce that we have been ranked by Leaders League Brasil, a reputable legal publication, for another year. In … Kasznar Leonardos was ranked by Leaders League Brasil 2024

We are thrilled to announce that we have been ranked in the Chambers and Partners Brazil Guide: Industries & Sectors 2024. We … Kasznar Leonardos was ranked in Chambers Brazil: Industries & Sectors 2024

We are thrilled to announce that Kasznar Leonardos has won the “Brazil Firm of the Year” award in the “Copyright & Design” … Kasznar Leonardos was recognized as the Copyright & Design firm of the year at the Managing IP Awards

We are pleased to announce that 5 attorneys at law from Kasznar Leonardos have been recognized by Análise Advocacia Woman 2024, headed … Five attorneys at law from Kasznar Leonardos have been recognized by Análise Advocacia Woman 2024

We are very proud to announce that Kasznar Leonardos has 14 representatives listed by Best Lawyers® in 2024. Elisabeth Kasznar Fekete and … Kasznar Leonardos is proud to have 14 representatives listed by Best Lawyers in 2024

Our partners Luciana Yumi Hiane Minada and Flávia T. Polli Rodrigues will be participating in the 2023 edition of the MARQUES Annual … Kasznar Leonardos will be at Marques 2023

We are proud to announce the recognition of Kasznar Leonardos in the 2023 edition of the Chambers Brazil Guide: Industries & Sectors, … Kasznar Leonardos was ranked in Chambers Brazil 2023

We are very proud to announce that Kasznar Leonardos has been recognized as one of the Best Law firms in 10 areas … Kasznar Leonardos was ranked on Leaders League 2023

Kasznar Leonardos Advogados' litigation team, specialized

in Intellectual Property matters, discussed the concrete

implementation of the new Code of Civil Procedure

(effective as of March 18, 2016) in a workshop held in the

São Paulo offices, on March 4 and 5, marking the closing

of a profound cycle of studies on the subject.

As informed in our Newsletters # 2 (January 2014) and # 6 (August 2014), a serious controversy regarding the restoration of patents and of patent applications with annuities in arrears arose from the enactment by the Brazilian Patent Office (hereinafter “INPI”) of Resolution No. 113/2013 (hereinafter “INPI’s Resolution”). Such controversy is due to the contradiction between item 13 of INPI’s Resolution and Sections 86 and 87 of the Brazilian Industrial Property Act (Law No. 9,279/96 – IP Act): although the IP Act allows the restoration of the patent or of the application upon request of its owner within 3 (three) months from the publication of the forfeiture’s notice, INPI’s Resolution set forth that in case multiple annuities (two or more) are left unpaid, a patent or a patent application could no longer be restored.

Given that, on July 10, 2014, the Brazilian Association of Industrial Property Agents (ABAPI) filed a class action before the 25th Federal Court of Rio de Janeiro, aiming the invalidation of item 13 of INPI’s Resolution and the reversion of all the definitive shelving and extinction decisions that were based on such provision.

Recently, on January 13, 2015, Federal Judge Eduardo André Brandão de Brito Fernandes rendered his decision and granted ABAPI’s requests, determining that all shelving and extinction decisions based on item 13 of INPI’s Resolution are void and ordering that INPI complies with Section 87 of IP Act, i.e., patentees must be notified so that, if it is of their interest, they might be able to restore its patent or application by paying the proper official fees. Such decision also granted the injunction request to immediately suspend the effects of item 13 of INPI’s Resolution and, therefore, it will have immediate effect and the 9,745 patents and patent applications that had already been declared shelved and extinct by INPI must now be reinstated.