Although it has been almost one year since Brazil joined the Madrid Protocol, some key procedures for the national trademark registration process remain pending, including:
What statutes, regulations or case law govern IP rights in your jurisdiction? IP rights are governed by the Federal Constitution, the IP Law and the Copyright Law, as well as various international agreements (see below).
Rise in e-commerce: According to the latest Webshoppers report (42nd edition, produced by Ebit in partnership with Elo), Brazilian e-commerce grew by 47% in the first half of 2020, the highest recorded increase in the past 20 years. The report showed that sales growth was driven by a 39% increase in the number of orders compared with the first half of 2019, with 90.8 million orders placed. Sales increased by 47% to R38.8 billion over the same period.
Introduction: The variety of information and communication characteristic of the digital world has significantly changed consumption behaviour. Within this context, ads and marketing strategies have become increasingly elaborate and aggressive in order to capture consumers' attention.
On 1 January 2021 Ordinance 404 came into force, establishing Phase II of the Patent Prosecution Highway (PPH) Programme in Brazil. Phase II was published by the Brazilian Patent and Trademark Office (BRPTO) in the last week of 2020 and modifies the limits and requirements for requesting participation in the PPH Programme, which are detailed below. With this new phase of the PPH Programme, the previous Resolution 252 (establishing Phase I) has been revoked.
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.
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.