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..
The Supreme Court o Brazil is about to schedule the judgement session of the lawsuit ( ADIN ) 5529 filed by the Federal District Attorney’s Office seeking the invalidation of the sole paragraph of section 40 of the Brazilian Patent Law, which provides for a minimum term of 10 years of validity of patents after their grant by the Brazilian Patent Office.
In recent years, the National Institute of the Industrial Property (INPI) has presented a strong movement of modernization and adaptation to international best practices. Within the INPI, there are several projects that aim to bring the protection of industrial property rights to levels never seen in the country.