The Brazilian Patent and Trademark Office (BPTO) published in Official Bulletin no. 2,829, of March 25, 2025, Ordinance no. 03, which updates the provisions for requests under Phase V of the Patent Prosecution Highway (PPH) program in 2025.
Gabriela Salerno, Clarissa Jaegger, Thais de Matos Lio, Diana Vieira de Mello, Ana Paula Affonso Brito, Maria Eduarda Junqueira, Yuri Fancher Machado, David Fernando Rodrigues, Marianna Furtado de Mendonça e Pablo Torquato
Articles
I) PATENTS
1. BPTO's Performance Results in 2024
The Brazilian PTO released its 2024 Management Report, detailing the results of its operations considering the goals defined in the Strategic Plan for 2023-2026.
The Brazilian Superior Court of Justice (STJ) reaffirmed its position in previous cases that property owners who knowingly lease spaces for the sale of counterfeit products can be held civilly liable for damages resulting from this practice, further solidifying the legal recourse available to companies harmed by counterfeiting in their efforts to combat this illicit activity in Brazil.
The commercialization of illegal products generates significant losses across various sectors of the economy, affecting consumers, companies, and the government.
...Article 17 of the Brazilian Code of Civil Procedure (the “Brazilian Civil Code” or the “Code”) provides that in order to file a lawsuit, it is necessary to demonstrate legal interest and legitimacy. Thus, an action for patent infringement must be filed by the patentee and in the case of co-ownership, the provisions of the Civil Code will apply...
Piracy is a phenomenon that significantly impacts the global economy, undermining the competitiveness of legitimate businesses, reducing tax revenues, and negatively affecting innovation and job creation. Additionally, the trade of counterfeit products harms consumers, who often purchase inferior and even dangerous goods, weakening the credibility of formal markets.
The Brazilian Patent and Trademark Office (BPTO) published in Official Bulletin no. 2,816, of December 23, 2024, Ordinance no. 26, which establishes additional provisions for Phase V of the Patent Prosecution Highway (PPH) program in 2025.
On December 10, 2024, the Brazilian Trademark Office (INPI) held an in-person meeting with trademark practitioners to discuss new guidelines related to the prosecution of trademark applications in the online betting sector.
The Brazilian Patent and Trademarks Office (BPTO) published on the Official Bulletin nº 2,813, of December 03, 2024, Ordinance no. 24, which establishes the procedure for examining certificates of addition (COA).
The Brazilian Patent and Trademark Office (BPTO) published in Official Bulletin no. 2,814, of December 10, 2024, Ordinance no. 48, which establishes Phase V of the Patent Prosecution Highway (PPH) program. Since the BPTO has joined the Global PPH, Ordinance no. 48 further establishes the corresponding provisions.