New law introduces changes to the remittance of royalties abroad
By Louis Lozouet Last year ended on a positive note for IP transactions involving the remittance of royalties abroad. Law 14,286 was published on 30 December with the objective of simplifying and modernising Brazilian foreign exchange regulation, notably in relation to operations involving Brazilian capital abroad and foreign capital in Brazil. This new law, which […]
Brazilian National IP Strategy is finally instituted
By Louis Lozouet On 08 December 2021, the Presidential Decree no 10.886 of 07 December 2021 instituting the National Intellectual Property Strategy (ENPI) was finally published on the Official Gazette. The present article is a follow up on our previous article on the ENPI. In any case, it is worth recollecting that the ENPI was created […]
Phase III of Brazilian PPH Program will be effective on January 1, 2022
By André Venturini and Louis Lozouet The Brazilian Patent and Trademark Office (BRPTO) published on 21 December 2021 Ordinance #055/2021 that implements Phase III of the Patent Prosecution Highway (PPH) Program as of 1 January 2022. This is good news as it reveals the consistent success of Brazil’s involvement in PPH programs. Indeed, Phase I […]
Phase II of Brazilian PPH hits its limit
By Louis Lozouet On 5 November 2021, the Brazilian Patent and Trademark Office (INPI) reported the end of Phase II of the Patent Prosecution Highway (PPH) programme, which has now reached its limit of 600 applications. As a result, the INPI will not accept new PPH requests for the remainder of 2021. This is good […]
INPI decision clarifies when a preferential right to registration can be claimed
By Louis Lozouet Brazil’s Industrial Property Law (9,279/96) does not explicitly limit when a claim to the preferential right to registration of a trademark can be made. While there are two conditions under which this can be claimed, until recently, the timescale was unclear. The preferential right to registration of a trademark is regulated by […]
National IP Strategy aims to make Brazil a world-class hub for innovation
By Louis Lozouet The Intellectual Property Inter-Ministerial Group (GIPI), presided over by the Ministry of Economy, has created a National IP Strategy (ENPI), which is designed to improve the national IP system. The details of the draft strategy were worked out in partnership with WIPO. These latest efforts come further to initiatives already being implemented […]
Position trademarks are now available for registration in Brazil
By Louis Lozouet From 1 October 2021 position trademarks can be registered in Brazil. This follows the Brazil National Institute of Industrial Property’s (INPI) public consultation on registering this type of mark in June this year (see here for further information). On 21 September 2021, the INPI published Ordinance 37 in its Official Gazette, which established […]
INPI introduces new proceedings now that ANVISA´s prior approval for pharma patents is over
By Louis Lozouet Law 14.195/21, which aims to establish a new legal framework for doing business in Brazil, entered into force on 27 August 2021. Among other provisions, it revoked Article 229-C of the Brazilian Patent Statue (Law 9.279/96), according to which the grant of pharmaceutical patents was subject to the National Health Surveillance Agency´s […]
Moving towards the compulsory licensing for exploiting Brazilian pharmaceutical patents for the treatment of covid-19
By Louis Lozouet On 6 May 2021, the Brazilian Senate approved draft bill 12/2021, which creates a two-step compulsory licensing process and amends the provisions of the Brazilian Patent Statue (9.279/1996) on compulsory licensing of patents in cases of national emergency or public interest. On 6 July 2021, the House of Representatives approved the draft […]
INPI and National Council of Justice come together to further improve Brazilian judiciary specialisation in IP matters
By Louis Lozouet In April 2021 the National Council of Justice (CNJ) and the Brazilian National Institute of Industrial Property (INPI) signed a technical cooperation agreement, which aims to improve judges’ specialised knowledge of IP matters in state and federal courts across the country. The agreement provides for: the registration of trademarks and computer programs […]
