News
Newsletter
3 de February de 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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6 de January de 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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23 de December de 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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21 de December de 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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8 de December de 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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22 de November de 2016
IP Licensing In Brazil: Brazilian Antitrust Watchdog Reviews Its Rules On Agreements Subject To Prior Approval
It will come into force next Thursday (November 24, 2016) a new resolution issued by CADE (Conselho Administrativo de Defesa Econômica), the Brazilian antitrust authority, that redefines the rules for the submission of “associative contracts” for prior approval.
17 de October de 2016
New Developments in The Examination of Pharmaceutical Patent Applications
Further to the ongoing discussion regarding ANVISA
(Brazilian FDA)'s role in the examination of pharmaceutical
patent applications, this is to briefly inform you that the
Attorney General's Office just recently issued the legal opinion number 0006-2015-AGU/PGF/PFE/INPI/COOPI-LBC-1.0 affecting Brazilian PTO's (BPTO) procedure on applications forward to ANVISA for purposes of prior consent approval.
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1 de July de 2016
Auto Parts: Brazilian Antitrust Authority Recommends the Sanctioning of Car Industries for IP Misuse Of Registered Industrial Designs
The Superintendency of the Brazilian antitrust authority (Conselho Administrativo de Defesa Econômica – CADE) has recommended the sanctioning of three major automobile manufacturers for infringing the economic order on grounds of an alleged abuse of intellectual
property rights.
23 de June de 2016
Delay in marketing approval by pharmaceutical regulatory agency is a legitimate reason for lack of use of a trademark under Brazilian IP Law
The Brazilian trademark registration system is attributive of rights. A registration issued by the Brazilian Patent and
Trademark Office entitles the owner with rights to use the trademark throughout the Brazilian territory, on an exclusive basis.
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30 de May de 2016
Access to genetic resources
Published on May 11, 2016, the Decree # 8,772/16 regulates Law #13,123/2015, which provides rules for the access to genetic resources and traditional knowledge and benefit sharing for the conservation and sustainable use of biodiversity.
- Priscila Mayumi Kashiwabara
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4 de April de 2016
Newsletter 2016.05 We are prepared for the new Code of Civil Procedure!
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.
- Claudio Roberto Barbosa
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- Gabriel Francisco Leonardos
- Paulo Rodrigo Bianco dos Santos
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- Elisabeth Kasznar Fekete
- Patricia de Souza Vaz
- Nancy Satiko Caigawa
- Rafael Lacaz Amaral
- Luciana Yumi Hiane Minada
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- Pedro Vilhena
1 de April de 2016
Newsletter 2016.03 BPTO eliminates the “disclaimer” in Trademark Registration
On February 18, 2016 the Brazilian Patent & Trademark Office -BPTO enacted Resolution No. 161, regarding the disclaimer adopted in trademark registrations, in an attempt to standardize and bring transparency to the decisions rendered in the trademark application procedures.
28 de March de 2016
Newsletter 2016.01 Brazil-USA PPH Program Pilot, For Oil, Gas and Petrochemical Industries
As informed in our newsletter 11/15 # 14 the Patent Offices of Brazil and the United States of America instituted a joint PPH pilot program. The details of the program have now been regulated by Resolution 154/2015 of the President of the Brazilian Patent Office, issued on
21 December 2015. A translation into English language of this regulatory instrument is attached here to.
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15 de December de 2015
Newsletter 2015.15 – Extension of the list of Service Agreements that can be paid by Brazilian companies without the need of a prior registration with the BPTO
Brazilian law requires that international know-how agreements must be previously registered before the BPTO – Brazilian Patent and Trademark Office, in order for Brazilian companies to be allowed to remit payments abroad. Moreover, the BPTO of registration also enables Brazilian companies to treat the payment as an “operational expense” for corporate income tax purposes, among other effects.
According to the law, there is no doubt that know-how agreements are submitted to this kind of proceedings. However, the law is not clear concerning agreements for rendering technical assitance services, since, in these cases, the technology transfer may, or may not be present.
1 de December de 2015
Newsletter 2015.14 – Brazil-USA PPH Pilot Program For Oil, Gas and Petrochemical Industries
The patent offices of Brazil and the United States signed a memorandum of understanding (MoU) that inaugurates a new era of cooperation between them. A copy of this memorandum is enclosed.
A Patent Prosecution Highway (PPH) program is a bi-lateral agreement stipulating that each of the two signing countries may make use of the results of searches and examinations conducted by the other. This allows for faster examination and is specifically aimed at decreasing the backlog that is affecting all offices.
The MoU, signed a few days ago, foresees the implementation of a pilot program that will contemplate 150 patent applications originating from each of the two offices. The program is expected to operate between 11 January 2016 and 10 January 2018 and will accept requests for accelerated examination until this term ends or the application quota is filled.
Acceptance of an application into the program presupposes the fulfilment of some conditions which are not the same for both sides. Most importantly, Brazil will limit its efforts to applications in the areas of oil, gas and petrochemistry that have been filed no more than three years before the starting day of the program. The USA will not impose the same limitations, accepting cases in any technological area.
The implementing rules in Brazil are to be published by the Patent Office in the near future.
Please, contact us should you wish more details on this auspicious initiative.
An update on the matter will be sent as soon as further implementation ruling is announced.
For more detailed information on this matter, please contact us via e-mail through mail@kasznarleonardos.com.
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