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Text of the Business Environment Bill is approved by the Chamber of Representatives, and it ends the prior approval for pharmaceutical patents, in addition to bringing relevant changes to trade names

The Chamber of Representatives approved this Wednesday (June 23, 2026) the text of the Bill of a new Statute for improvement of the Business Environment (MPV 1040/2021), which intends to simplify the opening of companies and guarantee an environment of legal certainty for businesses.

Among the various changes in the law that were approved is the end of prior consent by Anvisa (the Brazilian National Health Surveillance Agency) of patents for pharmaceutical products and processes, pursuant to article 229-C of the Industrial Property Law – which is now revoked by MPV 1040/2021. Currently, such prior consent is one of the bottlenecks in the analysis of pharmaceutical patent applications, contributing to the well-known backlog in the examination of patent applications.

In addition to changes in the patent area, MPV 1040/2021 also brings changes in the trade name legal regime, namely:

• Makes it mandatory for the Registry of Commerce and other registration bodies to automatically inform the availability of a trade name;

• It establishes that any cases of conflict between trade names may be questioned by interested parties, at any time, through an appeal to the National Department of Business Registration and Integration of the Digital Government Secretariat of the Special Secretariat for Debureaucratization, Management and Digital Government of the Ministry of Economy;

• It authorizes the entrepreneur to use his Brazilian taxpayer number as a trade name;

• It prohibits the registration of companies having a trade name identical to an already existing one.

MPV 1040/2021 will now be sent to the Federal Senate for voting. The Federal Senate must analyze it until August 9, 2021.

We are closely following the matter. If you have any questions, please feel free to contact us at mail@kasznarleonardos.com or through your usual contact. 
 

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