News

A Q&A guide to medicinal product regulation and product liability law in Brazil.

The Q&A gives a high level overview of key issues including patents, trade marks, competition law, patent licensing, generic entry, abuse of dominance and parallel imports.

The article gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects, rights to access personal data or object to its collection, security requirements, among other data issues.  

Advertising and Marketing seeks to provide local answers to international questions concerning advertising and marketing law. Chapters provide expert advice on the legislation and regulation of advertising and marketing, including the legislative processes arising from advertising disputes and challenges, the regulation of misleading advertising and the control, prohibition and restrictions in place on certain type of goods and services and to certain audiences, regulations affecting direct and indirect marketing and promotion, and up-to-date analysis of social media and the latest advertising trends.

Three major developments in Brazil suggest the country is entering an exciting era for IP owners. Gabriel Francisco Leonardos and Pedro Vilhena of Kasznar Leonardos report.

In a decision published on March 3, 2017, the 4th Chamber of the Brazilian Superior Court of Justice provided the criteria to decide cases in which identical marks are registered by different owners as domain names and trademarks (Recurso Especial nº. 1466212).

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

Getting the Deal Through: Advertising & Marketing / 2016

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Advertising & Marketing 2016, (published in May 2016; contributing editor: Rick Kurnit, Frankfurt Kurnit Klein & Selz, PC) For further information please visit www.gettingthedealthrough.com.

Article published on World Intellectual Property Review
Annual 2016.

1. What are the legal pre-conditions for a drug to be distributed within the jurisdiction?

Authorisation

The distribution of medicinal products is regulated by the National Sanitary Surveillance Agency (ANVISA)

Pharmaceutical can be marketed and distributed if the following requirements are met:

Practical Law – Life Sciences / 2015

Practical Law – Life Sciences / 2015

The Trademark Reporter© Vol. 104 – The Law Journal of the International Trademark Association (site da INTA)

Trade secrets are protected as a category of intellectual property rights. In Brazil, their protection resides in the legislation set forth against unfair competition (considered a crime under Brazil’s Industrial Property Law of 1996), in the TRIPS Agreement (the Agreement on Trade-Related Aspects of Intellectual Property Rights) and in other legal provisions such as the ‘inviolability of privacy’ clause of the Federal Constitution.

Trade secrets are thus protected by the statutory rules on fair competition, established in Articles 195(XI) and 195(XII) of the Industrial Property Law with civil and criminal effects, and by Article 842(g) of the Labour Law, according to which the breach of a trade secret by an employee is considered a valid reason for dismissal.