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By Pedro Vilhena

Newsletter 2014.06 – The ongoing mass extinction of patents in Brazil: the war against the restoration of patents with annuities in arrears

As we informed in our Newsletter # 2, dated January 2014, in October 2013, the Brazilian Patent Office (“INPI”) enacted Resolution No. 113 to regulate the control of the payment of annuities by patent and patent application owners. Immediately, the Resolution triggered strong reactions from patentees and patent attorneys, in view of its item 13, which contradicts Sections 86 and 87 of the country’s Industrial Property Act (Law No. 9,279/96). It is estimated that such contradiction may have jeopardized the rights of applicants and patentees over almost 10,000 issued patents and 2,300 patent applications.

According to the IP Act, failure to pay annuities shall lead to the shelving of the application or the extinction of the patent (article 86). However, Section 87 allows the restoration of the application or of the patent upon request of the corresponding owner within 3 (three) months from the moment the INPI publishes the notification of shelving or extinction.

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Last by Pedro Vilhena

April 10, 2019

Data Protection & Cybersecurity in Brazil 2019: Global Practice Guide by Chambers & Partners

The Global Practice Guide, published by Chambers & Partners, provide easily accessible information on navigating the legal system when conducting business in Data Protection & Cybersecurity in Brazil 2019: Global Practice Guide by Chambers & Partners

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January 31, 2019

Brazil’s Best Counsel – Chapter Opening: Data Protection

Data Protection has been a recurring subject in Brazil for the last decade. While discussions around a bill of general data protection Brazil’s Best Counsel – Chapter Opening: Data Protection

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Privacy in Brazil

A Q&A guide to privacy in Brazil. The Q&A guide gives a high-level overview of privacy rules and principles, including what national Privacy in Brazil

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