Introduction: The variety of information and communication characteristic of the digital world has significantly changed consumption behaviour. Within this context, ads and marketing strategies have become increasingly elaborate and aggressive in order to capture consumers' attention.
On 1 January 2021 Ordinance 404 came into force, establishing Phase II of the Patent Prosecution Highway (PPH) Programme in Brazil. Phase II was published by the Brazilian Patent and Trademark Office (BRPTO) in the last week of 2020 and modifies the limits and requirements for requesting participation in the PPH Programme, which are detailed below. With this new phase of the PPH Programme, the previous Resolution 252 (establishing Phase I) has been revoked.
The Brazilian PTO published in the Official Gazette No. 2608, of December 29, 2020, new Guidelines for Examining Patent Applications Involving Computer-Implemented Inventions. These guidelines, which were under public consultation in August 2020, replace Resolution No. 158/2016 previously in force.
The Brazilian Patent and Trademark Office celebrated its 50th anniversary in a ceremony held on the 11th of December. At the event, the special government body of the Ministry of Economy (SEPEC / ME) launched the National Strategy for Intellectual Property (ENPI) for Brazil.
Ana Paula Affonso Brito, Attorney at Law and Partner of Montaury Pimenta, Machado & Vieira de Mello, looks at the discussions around patents validity terms and the implications on the development of a COVID-19 vaccine and innovation.
Joana is a partner and part of the Montaury Pimenta, Machado & Vieira de Mello trademarks team. With over 20 years of experience as an attorney in Intellectual Property, her practice involves all procedures for registration of trademarks with the INPI, including opposition and other administrative petitions, as well as strategic analysis for complex trademark issues, with the aim of avoiding litigation, where possible.
The COVID-19 pandemic has definitely changed the way we live. While the majority of law firms in Brazil are still working almost 100% remotely, at home, the Brazilian Courts and the Brazilian Trademark and Patent Office have also adapted themselves to this new reality, changing the centenary presential routine for home office.
It has been almost a year since Brazil joined the Madrid Protocol and still some key procedures for the national trademark registration process remain pending, including the multiclass system, division of applications/registrations and, until recently, the co-ownership regime.
Brazil is recognized worldwide for the quality of its football players and for the team, which is five times world champion. But a dispute related to the sport has been highlighted in recent years.
Brazil has updated the legislation (Law n°13.966) that regulates the franchising system, in force since March 26, 2020, inserting new rules and confirming certain guidelines and conditions already practiced in the market..