On April 26, we celebrate World Intellectual Property Day, a date that invites people around the world to reflect on the contributions of intellectual property (IP) to technological innovation and the role of IP rights - such as patents, trademarks, industrial designs, and copyrights - in encouraging innovation and creativity. World Intellectual Property Day highlights the importance of a balanced IP system that recognizes and rewards inventors and creators for their work while providing society with the benefits of their creations. IP rights enable researchers, inventors, companies, designers, and artists to legally protect the products of their innovation and creativity and to obtain financial returns from them.

The Brazilian Patent and Trademark Office (“BPTO”) published last March 20, its Regulatory Agenda for the 2024-2025 biennium, considering its priority matters that may have repercussions on rights and obligations related to Industrial Property, which have direct consequences on the Brazilian domestic market, economy and innovation.

Recognizing that intellectual property (IP) assets are crucial tools for driving innovation and promoting growth of the global economy and involve legal complexities, numerous countries have either implemented or are contemplating the establishment of specialized courts. For example, most of the European Union (EU) member states have introduced either a specialized IP court or specialized IP divisions within the general courts, including many in Central and Eastern European countries like Croatia, Czech Republic, Hungary, Lithuania, and Poland. Some non-EU Eastern European countries, including Azerbaijan and Belarus, have also introduced specialized IP courts or divisions. 1 Furthermore, since April 1, 2023, the Unified Patent Court has been in existence. This specialized court is designed to harmonize patent law across the EU, representing the first supranational jurisdiction in Europe for civil law matters. 2 Likewise, Canada, Japan, Thailand, and many other countries have adopted a similar approach to specialization.

The battle against piracy is a persistent challenge in our society, and the unauthorized reproduction of products, misuse of intellectual property, and violation of copyright of intellectual works pose serious problems for the country. Annually, piracy and smuggling cause an estimated economic loss of R$160 billion for Brazil. Given this scenario, it is imperative to adopt effective measures to combat piracy to mitigate the harmful consequences of this practice.

Since 2017, there has been an off-field football dispute over the patent infringement of the spray used to mark the distance between the barrier's position and the ball for free kicks in football matches (see Off-field football dispute: Brazilian spray patent battle, Turnaround in off-field football dispute: Brazilian spray patent battle, and A New Chapter on Football Spray - an off-field dispute - the Brazilian spray patent battle with FIFA ).

On March 19, 2024, the Brazilian PTO published Ordinance n° 10, which establishes new Guidelines for Appeals and Administrative Nullity Requests. Said Guidelines contain Transitional Dispositions that clarify the applicability of the new rules regarding amendments to the set of claims during the 2nd instance for patent applications in which appeals have already been filed.

A Practice Note discussing the key considerations when drafting, negotiating, and entering a trademark license governed by Brazilian law. It addresses formalities, the scope of the licensed rights (including exclusivity and most favored nation clauses), title and validity, and matters relating to the protection and maintenance of the licensed trademark. It also addresses royalties and taxation, risk allocation and termination.

If 2022 was the year when several Patent Term Adjustment...

In the football world, a player's personal brand can transcend the four lines of the field and become a global phenomenon. In recent years, one name went viral in this scenario: Kylian Mbappé. In addition to his undeniable talent on the field, the French player has gained admirers around the world with his exceptional skill and captivating personality. In the wake of this success, the player's strategy for expanding his success and revenue was to register his name and logos associated with his image and football activity, as trademarks.

On February 27th, 2024, the Brazilian PTO published Attorney’s-General Opinion no. 00003/2024, with normative effect, concerning changes in the patent examination during the appeal instance. Said opinion was published along with some relevant clarifications, which are summarized below: