Articles

“Brazil has fully aligned with international standards”: IP experts react to USTR’s Section 301 investigation

“Brazil has fully aligned with international standards”: IP experts react to USTR’s Section 301 investigation

The Office of the US Trade Representative (USTR) has initiated a sweeping Section 301 investigation into Brazilian trade practices, citing concerns that span from inadequate IP protection to restrictions on digital commerce.

Standard Essential Patents (SEP) Litigation in Brazil: The emerging landscape

Standard Essential Patents (SEP) Litigation in Brazil: The emerging landscape

The litigation of Standard Essential Patents (SEPs) is rapidly evolving in Brazil, mirroring a global dispute trend. Over the past few years, the country has witnessed a surge in infringement lawsuits, particularly in the Rio de Janeiro State Courts, which have emerged as the preferred jurisdiction for SEP disputes. Despite its growing relevance, SEP litigation in Brazil still lacks specialized legal frameworks distinguishing essential from non-essential patents in an in-depth manner. As a result, courts tend to handle SEP cases similarly to conventional patent disputes, creating complexities for both patent holders and implementers.

HISTORIC DECISION STF Ruling of June 26, 2025 - What Changes in the Liability of Digital Platforms?

HISTORIC DECISION STF Ruling of June 26, 2025 - What Changes in the Liability of Digital Platforms?

The Brazilian Supreme Federal Court (STF) has concluded one of the most significant rulings of the digital era in Brazil: the analysis of the constitutionality of Article 19 of the Brazilian Internet Civil Rights Framework (Law 12.965/2014).

Brazilian Patent and Trademark Office (BPTO) establishes procedure for reexamining patent applications back in the first instance after appeal phase

Brazilian Patent and Trademark Office (BPTO) establishes procedure for reexamining patent applications back in the first instance after appeal phase

The Brazilian Patent and Trademark Office (BPTO) published in Official Bulletin no. 2,838, of May 27, 2025, Ordinance no. 04, which establishes the procedure for continuing the technical examination of patent applications in the first instance after a decision in the second instance (appeal phase) is issued. In practice, the Ordinance regulates the reexamination of an application back in the first instance after the overturn of a rejection decision.

2024 Top Filers Ranking Highlights Brazil’s Evolving Intellectual Property Landscape

2024 Top Filers Ranking Highlights Brazil’s Evolving Intellectual Property Landscape

The Brazilian Patent and Trademark Office (BPTO) has released its “2024 Top Filers Ranking”, offering a detailed snapshot of intellectual property (IP) activity in the country. The report covers the 50 largest filers of various IP assets, including patents, trademarks, utility models, industrial designs, and computer programs. The report sorts the applicants into two categories: Brazilian and non-Brazilian, allowing a clear view of the balance between them.

New Chamber for the Corporate Courts of São Paulo: Strengthening Legal Certainty in Complex Corporate Disputes

New Chamber for the Corporate Courts of São Paulo: Strengthening Legal Certainty in Complex Corporate Disputes

The São Paulo State Court of Justice (TJSP), Brazil’s largest state judiciary by caseload, has taken significant steps toward enhancing the specialization of its business jurisdiction. These advances include the establishment of Courts of Appeal and Courts of First Instance (Trial Courts) dedicated to judging business cases, in addition to Judicial Processing Units (UPJs).

Lady Gaga concert in Rio de Janeiro under a Trademark perspective and the Impact on the Licensed Products Market

Lady Gaga concert in Rio de Janeiro under a Trademark perspective and the Impact on the Licensed Products Market

Lady Gaga has performed a huge concert at Copacabana Beach, in Rio de Janeiro, on May 3, last, attended by an audience of 2.1 million artist's fans, involving a billion-dollar market with sponsors, licensed products, and intellectual property rights. Just as happened with Madonna in 2024 and with iconic events like Rock in Rio, the impact of a concert of this magnitude goes far beyond the music.

World IP Day: The Importance of Intellectual Property for the Music Industry

World IP Day: The Importance of Intellectual Property for the Music Industry

On April 26, we celebrate World Intellectual Property Day. The theme chosen by WIPO (World Intellectual Property Organization) for 2025 is "IP and Music: Feel the Rhythm of IP," which aims to highlight the contribution of Intellectual Property to innovation and creativity in music.

Comparing the GDPR and Brazil Overview

Comparing the GDPR and Brazil Overview

A quick reference Chart comparing some of the key requirements of Brazil’s General Data Protection Law (LGPD) and the EU General Data Protection Regulation (GDPR).

Brazilian Patent and Trademark Office (BPTO) updates provisions for Phase V of PPH program

Brazilian Patent and Trademark Office (BPTO) updates provisions for Phase V of PPH program

The Brazilian Patent and Trademark Office (BPTO) published in Official Bulletin no. 2,829, of March 25, 2025, Ordinance no. 03, which updates the provisions for requests under Phase V of the Patent Prosecution Highway (PPH) program in 2025.

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