The BRPTO, through the Federal Register of April 11, 2023, invited public comments on the draft version of the normative act that will provide for the prosecution of industrial design applications under the Hague Agreement. Said invitation was also issued, on the same date, via the BRPTO’s Official gazette #2727.
On April 3rd, the Brazilian Ministry of Health held an event to announce the reconstruction of the Executive Group of the Health Economic-Industrial Complex – “GECEIS”, which will be coordinated by the Ministry of Health (“MS”) and the Ministry of Development, Industry, Trade and Services (“MDIC”).
On March 27, the Secretariat for Agricultural Defense of the Ministry of Agriculture and Livestock (DAS/MAPA) published DAS’s Ordinance #766/2023 in the Federal Register. The ordinance submits to public inquiry a proposal related to Decree-Law #917/1969, which regulates the use of agricultural aviation in Brazil.
On February 27, 2023, the National Data Protection Authority (“ANPD”) published its Regulation on Dosimetry and Application of Administrative Sanctions for noncompliance with the General Data Protection Act (“LGPD”). The purpose of the Regulation is to establish parameters and criteria for the application of administrative sanctions by the ANPD, as well as forms and dosimetry to calculate the base value of fines.
No dia 27 de fevereiro de 2023, a Autoridade Nacional de Proteção de Dados (“ANPD”) publicou o Regulamento de Dosimetria e Aplicação de Sanções Administrativas da Lei Geral de Proteção de Dados Pessoais (“LGPD”). O Regulamento tem por objetivo estabelecer parâmetros e critérios para aplicação de sanções administrativas pela ANPD, bem como as formas e dosimetrias para calcular o valor-base das sanções de multa.
Licks Attorneys, a Brazilian law firm recognized for its litigation, counseling and prosecution practices in Patent Law, Drug Law, and other specialized fields, announced this week that Gislaine Zulli (gislaine.zulli@lickslegal.com), master by IPEN/USP in the field of Nuclear Technology/Applications, researching drug delivery systems has joined the firm. With a career developed in multinational industries and the public sector, the patent and industrial pharmacist expert brings a unique experience to the firm’s recognized multidisciplinary team.
O Licks Attorneys, escritório de advocacia brasileiro com atuação consultiva, contenciosa e administrativa em Direito de Patentes, e outras áreas especializadas do Direito, anunciou nesta semana a contratação da farmacêutica industrial Gislaine Zulli (gislaine.zulli@lickslegal.com), mestre pelo IPEN/USP na área de Tecnologia Nuclear/Aplicações, pesquisando sistemas de liberação controlada (drug delivery systems). Com uma carreira desenvolvida em indústrias multinacionais e no setor público, ela traz uma experiência única para a reconhecida equipe multidisciplinar do Escritório.
Our partner Carlos Aboim was interviewed by IAM for the article “Ericsson-Apple settlement came hot on the heels of landmark Brazilian ruling”, which was published this Tuesday (January 17). The text emphasizes that the licensing agreement between Ericsson and Apple, considered “one of the most important IP events of 2022”, took place after a historic decision by the Brazilian Superior Court of Justice in favor of Ericsson, represented by Licks Attorneys. According to the article, “affirming the right of SEP owners to an immediate preliminary injunction, the judgment reinforces Brazil’s growing attractiveness as a venue for global FRAND litigation. It may also have pushed the companies’ settlement over the line.”
The Brazilian Federal Government released this Tuesday (January 17) an ordinance appointing Júlio César Castelo Branco Reis Moreira to temporarily perform the duties of President of the Brazilian Patent and Trademark Office (BRPTO). The document, signed by Geraldo Alckmin – Minister of Development, Industry, Commerce and Services, and Vice-President of the Federative Republic of Brazil – is still to be published in the Federal Register.
The 1st Panel of the Federal Supreme Court (STF) concluded, on December 16, 2022, the judgment of Constitutional Complaint #56,378, in which it was decided that the granting of a preliminary injunction to temporarily guarantee the validity of patents for a term longer than 20 years from the filing date (art. 40 of the Patent Statute) violates the decision of the full Court on Constitutional Challenge #5,529. The panel’s decision not to endorse the preliminary injunction, which had been granted by Reporting Justice Luiz Fux, was given by a majority, with three opposing votes (divergent vote by Justice Dias Toffoli, accompanied by Justice Alexandre de Moraes and Justice Carmem Lucia) and with one Justice recusing himself (Justice Luis Roberto Barroso). Cases submitted to the STF, and other courts in Brazil, may be heard en banc or by smaller panels. The STF is formed by two panels of 5 Justices each, with its president voting only in cases heard en banc by all 11 Justices.
On December 28th, the Brazilian Food & Drug Agency (called “Anvisa” in the Portuguese acronym) published a call for comments (#1,137 of 2022) on its proposal to amend its Board of Director’s Rule #47 of 2009, whereby an exemption will be made, allowing generics and branded generics (called also “similar”) to omit patented uses in their labels.
President Bolsonaro sanctioned on December 27, 2022 the Telehealth Act (Statute #14,510/2022), which came into force the following day, finally authorizing the practice of telehealth services in Brazil in a definitive manner. The Act was a result of Bill #1,998/2020, which has been proposed by Congresswoman Adriana Ventura. Prior to its sanction, Bill #1,998/2020 has been widely discussed by the regulated sector and various class entities, which pushed for a definitive regulation on the topic. The objective was to revoke Statute #13.989/2020, which permitted the practice of telemedicine only as an exceptional measure during the Covid-19 pandemic.
