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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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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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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.

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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.

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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

property rights.

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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.

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May 30, 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.

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