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.
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.
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.
January 17, 2017
Kasznar Leonardos remains “Gold” in the World Trademark Review 1000 – 2017
The guide, which is already in its 7th edition, identifies and highlights, through qualitative research, the firms and leading trademark experts in 72 jurisdictions.
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.
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.
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.
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.
November 22, 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.
October 17, 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.
September 28, 2016
The changes to Brazil’s Civil Procedure Code are welcome although it may take some years for them to be put into practice
After many years of scholarly and political debate within the National Congress, the new Brazilian Civil Procedure Code was passed into law last year and came in force in March 2016, replacing its 1973 predecessor. It is expected that the new rules of civil procedure will reduce litigation in Brazil by favouring alternative dispute resolution methods as well as by allowing and incentivising cooperation between the parties of lawsuits. In particular, we shall address some possible impacts for intellectual property litigation
September 21, 2016
Kasznar Leonardos stands out in Chambers Latin America
The office was once again placed in Band 1 , the highest
place in the ranking.
September 2, 2016
São Paulo office announces new partner
Anderson Ribeiro assumes the Regulatory Law area of the office, focusing on Life Science Team.
July 1, 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
June 23, 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.