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.
The Brazilian Patent and Trademark Office released the ranking of the top applicants for industrial property rights residing in Brazil.
The BPTO published, last Friday, December 29th, 2023, the Action Plan for the upcoming year of 2024, consisting of 34 goals and 48 strategic initiatives.
Research shows that the country loses more than R$300 billion because of counterfeit products. They still pose a risk to consumers.
Currently, there are 168 brands with this seal in force in the country.
Last November 07, the Brazilian Data Protection Authority (ANPD) started a public consultation on the regulation of the draft resolution regarding the Data Protection Officer (DPO), which will be open until December 7, 2023, for contributions aimed at supporting the Authority (ANPD) in drafting regulations regarding the role of the Data Protection Officer (DPO).
Recently, the Brazilian master franchisee/licensee for the well-known brands STARBUCKS, TGI FRIDAY, and EATALY, filed for judicial financial reorganization protection under Brazilian Law, on the grounds of an adverse scenario and financial difficulties for its operations in Brazil during the post-COVID19 pandemic period.