Over the past five years, the Brazilian Patent and Trademark Office (BPTO) has adopted various measures to reduce the backlog in patent examinations and implemented several improvements in its examination guidelines to enable high-quality technical examinations to be performed. In addition, the covid-19 pandemic has led to other sensitive discussions regarding the Brazilian patent system and its impact on public health issues. This article provides an overview of six topics that directly affect life sciences patents in Brazil.
On September 02, Bill no. 12/21 was sanctioned in Brazil, aiming to amend the provisions of compulsory licenses set forth by the Brazilian IP Law in cases of national or international emergency, and in case of public interest or recognition of public calamity nationwide, as well.
Law no. 14,195 was sanctioned last Thursday (August 27) and it eliminates the requirement of prior consent from the Brazilian Health Surveillance Agency (ANVISA) for patent applications related to pharmaceutical products and processes before the technical examination performed by the Brazilian PTO, which was established in Article 229-C of the Brazilian Industrial Property Law.
Recently the INPI - National Institute of Industrial Property shared a Public Consultation on the examination of applications for registration of Position Marks (Public Consultation 01/2021), enabling the expression of interested parties in the subject.
Gabriela Salerno, Partner at Montaury Pimenta, Machado & Vieira de Mello, provides an overview of six topics introduced with the latest Guidelines for Life Sciences patents in Brazil.
Although the Brazilian General Data Protection Law (“LGDP”) came into force on September 18, 2020, only after August 1st , 2021 the National Data Protection Authority (“ANPD”) is authorized to impose administrative fines on those caught violating its legal provisions.
After a long discussion involving a lengthy and detailed vote of the Reporting Justice Mr. Dias Toffoli, the Brazilian Supreme Court decided that the sole paragraph of Section 40 of the Brazilian IP Law is unconstitutional during the last session held on May 6.
Almost fifty years ago, the United Nations chose June 5th to celebrate the World Environment Day. Each year, a theme is chosen to be discussed by various global entities connected to this subject, aiming to generate positive initiatives for the environment. This year, the theme “REIMAGINE. RECREATE. RESTORE." aims to encourage reflections and actions on the revitalization and protection of natural ecosystems.
The entire world is facing the biggest health crisis since the Spanish flu. In addition to the Covid-19 pandemic itself, we are living with access to a flood of information on the most complex topics, without having the necessary knowledge to immediately discern what is true, what is fake news and, even, what is half-truth. Half-truths include false statements that contain elements of truth and we may dare say that this is the worst type of information conveyed by the media, as it is a real disservice to the public in general.
The SARS-COV 2 pandemic took many workers to the home office, demanding that the world population stay indoors, consequently reducing the circulation of people in cities, forcing stores to reinvent themselves to stay active. And it was within this scenario that we saw the worldwide increase in sales through e-commerce websites, marketplaces, apps and delivery services...