The sorely tried Brazilian people are really not spoilt with good news. Foreign investors are well aware of the hurdles of Brazilian bureaucracy. So all the more welcome then are some good news for a change! These two improvements relate to the area of industrial property, i.e., such matters as patents and trademarks:
Piracy and smuggling are grave dangers that haunt the owners of Intellectual Property Rights. According to data from the Organization for Economic Co-operation and Development (OECD), the trade of illegal products worldwide is worth about $ 461 billion annually.
For many years, Brazil has been known worldwide as a difficult country for doing business. There was a number of reasons for this, including the problems associated with obtaining patents within a reasonable timeframe.
The excessive delay of the Brazilian Patent and Trademark Office (BPTO) in conducting examinations of patent/trademark applications, appeals, assignments, oppositions, amongst other office actions, has been the source of widespread dissatisfaction for applicants in recent years, with some awaiting the conclusion of the examination process for over a decade.
One year before the Brazilian Data Protection Law becomes enforceable, the limits on privacy for the advertising industry are already being tested.
Brazilian patent practitioners, and in particular those working with the PCT, will remember that for many years there were simultaneously two different time limits for entering the National Phase, namely:
If you never heard of FaceApp, a smartphone app that provides photo-transformations and recently went viral, you probably saw at least one friend, or a famous character, posting his or her AI-aged selfies on social media. And with the same speed that the Russian-developed app went viral, legal issues began to arise in several countries, including Brazil.
When it comes to Brazilian patent practice, the number 1 concern for applicants seeking protection for cosmetic methods is to explicitly differentiate the invention from a therapeutic method. Nevertheless, it is also necessary to think about a second prohibition contained in Article 10 (VIII) of Brazilian Intellectual Property Law: operating or surgical techniques.
For years, the Brazilian Patent and Trademark Office (BPTO) has been struggling to find an effective solution to tackle the huge backlog in the examination of patent applications. There are currently around 200,000 patent applications awaiting technical examination according to data published by the BPTO in May 2018.
O artigo fala sobre a adesão do Brasil ao Protocolo de Madri.