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:

Montaury Pimenta, Machado & Vieira de Mello is a leading IP law firm, renowned for resolving disputes before the Brazilian IP courts. With over 150 professionals located in Rio de Janeiro and São Paulo, the firm has experienced remarkable growth and holds an important position at the forefront of the market, especially in the patents and life sciences fields. The firm's experienced patent lawyers have a successful track record in handling disputes in the areas of patent infringement, patent invalidation and pharmaceutical patents, and its team includes engineers with chemistry and biotech backgrounds as well as leading patent and life sciences litigators, who have been involved in some of the most high profile cases in Brazil. These include representing clients from the pharmaceutical, healthcare, biotech and chemistry industries in high-stakes patent cases before the Brazilian courts. The firm has an integrated team of legal and technical professionals able to offer a cutting-edge blend of capabilities and handle complex deals and cases of any size.

At the Seventeenth Session of the Patent Cooperation Treaty (PCT) Working Group, held last February 19, 2024, the World Intellectual Property Organization (WIPO) approved a proposal called “Filing Medium of International Applications and Related Documents”, presented by Brazil through Brazilian Patent Office (INPI) with support from the Ministry of Foreign Affairs (MRE).

Rodrigo Klein and Rodrigo Moraes Costa of Montaury Pimenta Machado & Vieira de Mello review the BPTO’s Management Report and the new Strategic Plan to provide insight into the plans to practically support the protection of IP in Brazil.