July 9, 2012
Newsletter 2012.05 – Brazilian government enacts law creating generic veterinary medicinal products
On 20 July 2012, Law No. 12,689, of 19 July 2012, was published in the Federal Official Gazette. This law seeks to create generic veterinary medicinal products in the country and to establish rules concerning the marketing authorisation of such products to be applied by the Ministry of Agriculture, Animal Husbandry and Supply (MAPA).
In brief, two new categories of veterinary medicinal products have been created in addition to the existing reference veterinary drugs: similar (“branded generic”) and generic medicinal products for veterinary use.
According to Law No. 12,689/12, a similar veterinary medicinal product shall mean a medicinal product which has the same active substance, the same concentration and pharmaceutical form as the reference medicinal product for veterinary use, but which excipients may or not be identical, always being identified by its trade mark. Law No. 12,689/12 has apparently not considered a similar veterinary medicinal product to be interchangeable with the re
July 1, 2012
Newsletter 2012.04 – Further information on ANVISA’s role
Following our recent newsletter on ANVISA’s role in the examination of pharmaceutical patent applications, this is to briefly inform that the Brazilian PTO has started forwarding cases to ANVISA’s consent before substantive examination has begun, in accordance with the guidelines suggested by the Interministerial Working Group (GTI), through Ordinance No. 1,065, of 24 May 2012.
Please note, however, that neither ANVISA nor the Brazilian PTO has yet issued normative acts indicating whether the GTI’s guidelines suggested would actually be adopted and, in the affirmative, to what extent. Yet, the Brazilian PTO has claimed, in the accompanying letters sent to ANVISA with patent applic
June 1, 2012
Newsletter 2012.03 – The debate over ANVISA’s role in the examination of pharmaceutical patent applications continues
As you may be aware, due to article 229-C of the Brazilian IP Law, as amended by Law No. 10,196/01, whenever a patent application claims a pharmaceutical product or process, consent from the National Sanitary Surveillance Agency (ANVISA) is also required prior to granting the desired patent. This provision, however, has been the source of never-ending controversy and subject to growing attacks since it entered into effect in 2001.
The lack of statutory power of ANVISA to analyse patentability requirements of pharma applications was supported by the Attorney-General’s Office in legal opinions published in 2009 and 2011. Indeed, in their opinion, ANVISA should only make health-based assessments of applications sent for prior consent; prior consent should only be denied to applications in instances that granting the patents would pose health risks. How ANVISA would assess “health risks” on the basis of the information included in patent applications was left unanswered though.
May 1, 2012
Newsletter 2012.02 – Law-suits to accelerate the examination of trademark or patent applications
In view of the slow pace of the Brazilian Trademark and Patent Office (BPTO) and the National Health Surveillance Agency (ANVISA) on the analysis of trademark and patent applications, over the last few years there has been a significant increase in the number of judicial cases seeking the acceleration of the examination of such applications.
In fact, several court decisions have ruled that if the application is pending for a long time before the BPTO or ANVISA, it is possible to file a writ of mandamus to redress an unreasonable delay.
April 1, 2012
Newsletter 2012.01 – Brazilian Patent and Trademark Office launches pilot program involving “green patents”
Following the consensus among the international community about the importance of the development of green technologies in mitigating global climate change, national governments also came to acknowledge the relevance of patent granting procedures as a mechanism to promote green innovation.
Within this context, the Brazilian Patent and Trademark Office – INPI – will launch, as of this date of April 17, 2012, a pilot program involving “green patents”, for the purpose of prioritizing examination of patent applications related to environmentally friendly technologies, by reducing the time it will take for their examination to less than two years. The pilot program is quite limited as yet and only the first 5
March 1, 2012
The International Comparative Legal Guide to TRADE MARKS 2012
November 1, 2011
Trade secrets and proprietary information
To explore further the subject of trade secrets and proprietary information, and specifically the issues raised around this subject in Brazil, Lawyer Monthly speaks to Elisabeth Kasznar Fekete, attorney at law, Partner at Momsen, Leonardos e Cia and head of the firm's São Paulo office. The firm assembles a highly specialized and qualified but also diversified team working in all Intellectual Property related matters – prosecution, enforcement and licensing IP rights. Cutting-edge legal knowledge with specialized technical expertise in the areas to which it is applied – civil engineering, mechanics, electronics, metallurgy, chemistry, medicine, biology, etc.
April 25, 2011
The growth of the Brazilian market and economy is parallelled by the increase of counterfeiting activities. The enforcement of IP rights involves planning, technology, intelligence, training and coordination, with support from a number of laws and treaties, as well as the relevant rules of the Federal Constitution, the Civil Code, the Criminal Code, the Civil Procedure Code, the Criminal Procedure Code and administrative statutory instruments. The legal framework for anticounterfeiting includes:
• the Industrial Property Law (Law 9,279/96);
• the Copyright Law (Law 9,610/98); and
• the Software Law (Law 9,609/98).
In addition, Brazil is a signatory to the main international IP instruments, such as:
• the Paris Convention for the Protection
of Industrial Property (as reviewed in Stockholm in 1967);
• the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs);
• the Berne Convention f
January 1, 1984
Gewerblicher Rechtsschutz und Urheberrecht internationaler teil
Bedeutung und Vielschichtigkeit der brasilianischen gesetzlichen Vorschriften uber Arbeitnehmererfindungen werden in den einschlägigen Veröffentlichungen stets hervorgehoben. Der besondere Rang dieses Rechtsgebiets ist angesichts der gegenwärtigen industriellen Konjunktur, in der sie Meisen der wesentlichen Erfindungen aufgrund systematischer Forschungen in Industrie und Wissenschaft gemacht werden, nicht zu bestreinte.