Everybody wants to have their own patents granted, but few are pleased when their competitors' patents are granted as well. As Oscar Wilde once wisely said: "Own successes are encouraging, but failures of others shall also not be despised." In Brazil, as in most other countries, a problematic competitor's patent or patent application can be challenged.
Since the Data Protection Law (“Lei Geral de Proteção de Dados” – “LGPD”) entered into force, a lot has been said on the regulatory uncertainties that orbit the universe of regulation of the subject in micro-enterprises, small businesses, and startups. Among the several uncertainties, one in special has taken the sleep of most entrepreneurs: the obligation to appoint a DPO (Data Protection Officer, as provided by the European Union General Data Protection Regulation).
This Tuesday, September 21, 2021, the Brazilian Patent and Trademark Office (BPTO) published a new ordinance that regulates position marks in Brazil.
The National Institute of Industrial Property (INPI) recently carried out a public consultation on the examination of applications for the registration of position marks, enabling interested parties to express their opinions on the matter.
Over the past five years, the Brazilian Patent and Trademark Office (BPTO) has adopted various measures to reduce the backlog in patent examinations and implemented several improvements in its examination guidelines to enable high-quality technical examinations to be performed. In addition, the covid-19 pandemic has led to other sensitive discussions regarding the Brazilian patent system and its impact on public health issues. This article provides an overview of six topics that directly affect life sciences patents in Brazil.
On September 02, Bill no. 12/21 was sanctioned in Brazil, aiming to amend the provisions of compulsory licenses set forth by the Brazilian IP Law in cases of national or international emergency, and in case of public interest or recognition of public calamity nationwide, as well.
Law no. 14,195 was sanctioned last Thursday (August 27) and it eliminates the requirement of prior consent from the Brazilian Health Surveillance Agency (ANVISA) for patent applications related to pharmaceutical products and processes before the technical examination performed by the Brazilian PTO, which was established in Article 229-C of the Brazilian Industrial Property Law.
Recently the INPI - National Institute of Industrial Property shared a Public Consultation on the examination of applications for registration of Position Marks (Public Consultation 01/2021), enabling the expression of interested parties in the subject.
Gabriela Salerno, Partner at Montaury Pimenta, Machado & Vieira de Mello, provides an overview of six topics introduced with the latest Guidelines for Life Sciences patents in Brazil.
Although the Brazilian General Data Protection Law (“LGDP”) came into force on September 18, 2020, only after August 1st , 2021 the National Data Protection Authority (“ANPD”) is authorized to impose administrative fines on those caught violating its legal provisions.