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December 26, 2017

Accelerated and Simplified Granting of Brazilian Patents

Currently there are 28,000 patent applications being filed per year with the BPTO, thus the inventory of applications awaiting examination is larger Accelerated and Simplified Granting of Brazilian Patents

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October 25, 2017

New procedures regarding Software Registration in Brazil

As it is known, software protection follows the Copyright System, and a registration which is optional and of a declaratory nature can New procedures regarding Software Registration in Brazil

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October 16, 2017

The Brazilian Patent and Trademark Office (BPTO) launches a PPH Pilot Program with the European Patent Office (EPO)

Following the same strategy that has been adopted to deal with the current huge backlog of patent applications still awaiting examination, the BPTO launches one more alternative to accelerate examination of applications in areas considered strategic.

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October 16, 2017

Access and benefit sharing: Ministry of Environment will start to regularize ABS operations on November 6th

The Ministry of Environment published the Ordinance # 01/2017 on the Official Gazette of October 13, which establishes November 6th as the date when SISGEN (a database that will allow parties to register their ABS activities) will start to operate. Moreover, the same ordinance established November 6th as the beginning of the deadline provided by Brazilian Biodiversity Act (Law # 13.123/2015) for parties to regularize their ABS activities.

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September 26, 2017

NIC.br Implements New Liberation Process for Domains “.BR”

The NIC.br (Center of Information and Coordination of .BR), the Sentity responsible for implementing projects and decisions of the Brazilian Internet Steering Committee (CGI.br) by means of registering and maintaining domain names with the country code “.br”, has recently approved resolution CGI.br/RES/2017/031, which implements changes in the liberation process of domain names.

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September 11, 2017

Ministry of Environment publishes templates of Benefit Sharing Agreements

The Ministry of Environment published on its website the new templates of Benefit Sharing Agreements in compliance with the Biodiversity Act (Law # 13.123/2015). In light of such Act, the one who carries out activities of research and development accessing Brazilian genetic resources and traditional knowledge must share the benefits arising out of such activities if they originated a finished product or reproductive resources.

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April 12, 2017

Three is The Charm: 3 Good News from the Brazilian Patent Office

April 12, 2017 was an unusual day for the Brazilian Intellectual Property System. The Brazilian Patent Office (BPO) announced 3 good news for IP owners.

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March 8, 2017

Brazilian Patent Office issues a new Resolution addressing the assignment of priority rights and assignment of PCT applications

Further to our newsletter 12/16, please be informed that the Brazilian Patent Office issued on 1.March 2017 the Resolution No. 179 revoking Resolution 174, which was addressed in said previous newsletter.

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February 3, 2017

Amendments to TRIPs in order to ease access to medicines are now in force

After the ratifications of 2/3 of WTO (World Trade Organization) members, article 31 bis was formally brought into the text of TRIPs Agreement. Such provision aims at allowing compulsory licenses for export in order to meet the needs of countries with insufficient or no capacity of manufacturing drugs. It is a direct result of Doha Declaration on TRIPs Agreement and Public Health of 2001, which aims at striking a balance between IP protection and access to health care.

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January 6, 2017

Examination Guidelines for Computer-Implemented Inventions are now in force

A fter a very long wait, the Brazilian Patent Office finally published the Examination Guidelines for computer-implemented inventions, which went into effect on 6 December 2016, date on which they were published in the Brazilian Official Gazette. The guidelines underwent a process of public consultation and the final version introduced no relevant divergence from the draft document that had been distributed. A translation of the guidelines is enclosed.

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December 23, 2016

The prioritized examination pipeline for “Green Patents” has been now established on a permanent basis

The Brazilian Patent Office’s (BPO) “green patents” prioritized examination proceeding, which was initiated in April 2012 and has been yearly renovated for four consecutive years, has now been reissued on a permanent basis via Resolution No. 175 as per publication made in Brazilian Official Gazette No. 2396 of December 6, 2016.

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December 21, 2016

Brazilian Patent and Trademark Office published a new resolution regarding the assignment of priority rights as well as the assignment of the application in connection with PCT applications

Resolution No. 174 published by the Brazilian Patent and Trademark Office on 6 December 2016 established new rules for Brazilian National Phases of PCT applications regarding assignment of priority rights and the assignment of the application.

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December 8, 2016

Courts in Rio establish criteria for the collection of copyright royalties on the internet

Currently, there is a relevant discussion on what may be considered as public performance, particularly with relation to streaming activities. While there is a pending case before the Superior Court of Justice (Special Appeal REsp 1.559.264) where it is discussed whether streaming services may be classified as public performances, the lower Courts are already having their saying in this matter.

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