The words “China and America” are constantly in the news these days with reports of trade and IP squabbles, but “America” is much larger than only the United States. Johnny Chan explores the relationships between China and Latin America.
One of the most common questions regarding patent protection in Brazil refers to whether there is a possibility of protecting second medical use of known chemical compounds. The answer is simple: yes, it is possible to protect second medical use in Brazil. However, considering some particularities of the Brazilian Industrial Property Law and its interpretation by the Brazilian Patent and Trademark Office (BPTO), it is extremely important to give proper attention to the correct way of drafting not only the set of claims, but the whole patent application, in order to guarantee the most effective protection.
The marketplace business model - which is nothing more than an electronic sales platform - has been increasingly used in Brazil. Virtual buying and selling intermediation services are fast becoming the main sales channel for Brazilian ecommerce in the past years, since they are a means used by shopkeepers to increase their sales by taking advantage of the high user traffic in those virtual malls.
The Covid-19 pandemic has given rise to a global economic shutdown, causing many governments, including the Brazilian government, to look for solutions to minimize the impact of the virus on the population. One of the measures that have been used in many countries, such as the U.S., is the use of economic stimulus checks that are being distributed by government officials.
The World Intellectual Property Day is celebrated every year on April 26. This year, the importance of this date takes on a new meaning in the midst of the COVID-19 pandemic.
Over the last weeks, due to the coronavirus pandemic, people have witnessed with astonishment the necessary interruption of several basic services, which are constitutionally assured and regularly provided, among them, services provided by the courts.
In the second half of 2019, the Brazilian Patent Office (BRPTO) started an ambitious plan to eliminate the backlog of unexamined patent applications. The aim of the project is to reduce 80% of the current backlog within two years. Up until March 2020, before the world COVID-19 crisis, the numbers were really impressive. The challenge now is to keep this progress going, while maintaining the examiners working 100% remotely.
On April3, the Brazilian Senate approved a Bill of Law (PL 1179/2020) with several emergency measures to deal with the COVID-19 pandemic in Brazil. The bill includes a specific rule that postpones the entry into force of the Brazilian General Data Protection Law, the LGPD.
It is still too early to determine when a vaccine against new coronavirus will be available. Even if renowned research centers and pharmaceutical companies could put their best efforts into developing a vaccine against COVID-19, it is obviously necessary to follow the correct clinical protocols to launch a safe and effective product in the market. Specialists say that it will take at least 18 months, which is an extremely optimistic prediction.
Under Brazilian law, the injured party in an infringement lawsuit can request compensatory damages in addition to obtaining a court order that the infringing practice be ceased. Such damages can be divided into two main categories: (i) moral damages, and (ii) material damages, which include actual damages and the loss of profit.