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Client Alert

Licks Attorneys adds Patent Specialist to team

Antonio Morschbacker will boost our patent groupChemical Engineer Antonio Luiz Ribeiro de Castro Morschbacker joined Licks Attorneys as a Patent Specialist at the Rio de Janeiro office. He will boost our patent area, which handles several top-selling drug patent families, by expanding the chemical and biotech practice. Prior to joining Licks Attorneys, he was with […]

The BRPTO published Rule #167/2016 governing fast-track request procedures for registration of Industrial Design of sports goods

Fast-track for Industrial Design registration of sportive goodsAs the Rio de Janeiro Olympics closes in and with over 10,000 pending industrial design applications, the BRPTO published today Rule #167/2016 to provide fast-track examination for sports goods filed before June 16, 2016.The procedure is simple. Applicants must submit a petition to the President of the BRPTO […]

Nuno Pires de Carvalho Joins Licks Attorneys

We are pleased to announce that Nuno Pires de Carvalho, a worldwide known IP expert and practicing attorney, has joined Licks Attorneys as a Partner to boost our firm’s IP and Competition Policy practice.Before joining Licks Attorneys, Nuno Carvalho was the Director of the Intellectual Property and Competition Policy Division of the World Intellectual Property […]

Guidelines on Competition Compliance Programs – CADE

CADE publishes an English version of its Guidelines on Competition Compliance ProgramsOn February 18, 2016, the Brazilian competition authority (Administrative Council for Economic Defense – “CADE”) released an English version of its Guidelines on Competition Compliance Programs (the “Guidelines”). The purposes of the document, which is non-binding and focuses on unilateral and collusive anticompetitive conducts, […]

The Brazilian PTO (BRPTO) published today Rule # 154/2015 implementing the Patent Prosecution Highway (PPH) Pilot Program limited to the first 150 applications

The BRPTO published today, January 5, 2016, the much awaited rule implementing the PPH Pilot Program, which might speed up the examination of Brazilian applications duly filed and regularly pending in Brazil after a corresponding application from the same family receives the notice of allowance from the USPTO.The USPTO – BRPTO PPH Pilot Program starts […]

Interfarma releases new positioning paper on data package exclusivity authored by Liliane Roriz

Hon. Liliane Roriz, partner at Licks Attorneys and former Appellate Judge of the Federal Court of Appeals for the Second Circuit, assisted INTERFARMA, the Brazilian association representing the Pharmaceutical Research Industry, to draft a positioning paper addressing Regulatory Data Protection (RDP) in Brazil.The paper called “The protection of test dossier in Brazil: fostering innovation” was […]

Temporary restraining order shuts down WhatsApp in Brazil for 48 hours

Misinterpretation of Brazilian Internet Law creates uncertainty to ISPsOn December 16, leading Brazilian mobile carriers were ordered to shut down WhatsApp for 48 hours. The decision was issued in a criminal lawsuit that is under seal. A copy of the court order is available on the Internet, and refers to the Criminal Organization Act (Federal […]

New Rule for Design Application

The Brazilian PTO (INPI) published on December 1st, 2015, Rule # 44 regulating the conditions for filing and processing design applications, and including new provisions for electronic filing. This Rule revokes Rule # 13/2013, but maintains most of the previously established conditions. The most important amendments are as follows:•    The Rule establishes that specification […]

Preliminary injunction on infringement of SEPs upheld by Brazil’s Superior Court of Justice (STJ)

Brazil applies the general rules on the enforcement of Standard Essential Patents (SEPs), allowing patent owners to enjoin infringers from using patented inventions, including via ex parte preliminary injunctions for NPEs.On November 13, 2015 the Superior Court of Justice dismissed ZTE’s appeal challenging the preliminary injunction granted by the Rio de Janeiro State Court in […]

Developments on Patent Cooperation Between Brazil and the US

Our client alert of July 3, 2015 drew attention to a new understanding on patent cooperation signed by the Presidents of Brazil and the USA. At the time, no conditions were established on how this understanding should be implemented. Nevertheless, the understanding was generally viewed as a viable solution in tackling the Brazilian patent backlog […]

New Instruction on prioritized examination of patent applications

The BRPTO yesterday published Instruction # 151 regulating conditions for prioritized examination requests of patent applications. This Instruction revokes Instruction # 68 of 2013, but maintains many of the previously established conditions. The most important amendments are as follows: individuals with functional or mental disabilities or other severe diseases can now request prioritized examination of […]

Rio de Janeiro State Court of Appeals ensures continued Uber operations in Rio

In a recent judgement, Appellate Judge Marcia Ferreira Alvarenga of the Rio de Janeiro Court of Appeal dismissed the interlocutory appeal of the City of Rio de Janeiro and affirmed the injunction of the 6th Rio de Janeiro State Tax Court. The injunction forbids the use of repressive actions or measures preventing Uber from freely […]

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