In a recent paradigmatic decision, the 3rd Panel of the Espirito Santo State Court of Appeals reversed an injunction that had determined the removal of the Secret app from the Google and Apple virtual stores under the penalty of a daily fine. Appellate judge Robson Luiz Albanez found that there was no grounds for such […]
Ricardo Nunes, partner of Licks Attorneys, will be a co-panelist for a discussion entitled “Insights from Brazil” during the World IP Forum in Bangkok. The panel will cover Understanding Brazil’s IP market, Brazilian industry’s point of view, amongst other relevant issues. Roberto Carapeto and André Venturini will also attend the event.The event is held at […]
On June 23, the Second Specialized Panel of the Federal Court of Appeals for the Second Circuit issued an important decision affirming that the Federal Courts’ have jurisdiction to award damages in lawsuits seeking the invalidity of trademarks.Contrary to the position taken by the Federal District Court, the appellate judges found that the Federal Court […]
As previously discussed in Prevail, in the past years the Brazilian Patent and Trademark Office (BRPTO) has taken significant steps towards the creation of a digital environment. As a result, it is currently possible to file patents, trademarks and industrial designs applications by electronic means. The implementation of these new systems for filing were part […]
On the occasion of President Dilma Rousseff’s visit to the United States last June 29th and 30th, patents were included as an issue on the agenda for discussion of both countries. According to the understanding, which is reproduced below, a pilot program will be implemented with the purpose of facilitating examination of patent applications that […]
The Brazilian food and drug agency (Anvisa) granted today (April 27) marketing authorization to Celltrion’s Remsina, the first approval granted for a biosimilar monoclonal antibody in Brazil, a copy of Janssen’s Remicade (infliximab). The approval followed the abbreviated pathway set forth on Anvisa’s Rule #55/2010, which does not use the terms “biosimilar” or “biogenerics”, but […]
(Federal Register of March 16, 2015)The draft guidelines cover patentable subject matter, utility, industrial applicability, patent defeating prior art, inventive step and Markush and compositions claim language.Resigning Commissioner Otavio Brandelli issued a notice inviting public comments on “Guidelines for examining patent applications – Block II – Patentability”. This is the fifth invitation for public comments […]
After the November 2012 public comments, the BRPTO published today the final version of the Examination Guidelines of Patent Applications in the Biotechnology Arts.The guidelines cover the patentability requirements for biotech patents, the technical examination of reach-through claims, non-patentable subject matter, the patentability of micro-organisms, claim language and the definition of biologic sequences, oligonucleotides, promoters, […]
On February 6, 2015, the Brazilian House of Representatives reinstated bill #139/1999 and 15 other bills attached thereto1, all seeking to amend the Brazilian Patent Statute. These bills had been previously shelved due to the end of the 2014-2015 legislature. Some of these bills seek to limit patent rights, modifying provisions concerning different aspects of […]
On February 24, 2015, the new Brazilian Civil Procedure Code (“CPC”), approved by Congress in the last days of 2014, was sent to President Dilma Rousseff for sanction. From that date on, the President has 15 days to approve or to veto, partially or entirely, the draft law. After that, if the President remains silent, […]
Most lawsuits against the Brazilian Patent and Trademark Office (BRPTO) are filed before the federal district courts in Rio de Janeiro, where the Office is headquartered and four courts specialized in IP law are in charge of handling such cases. So far this year, at least 46 lawsuits regarding intellectual property rights were filed against […]
The Brazilian Patent and Trademark Office has recently published its 2014 activities report. According to the disclosed numbers, patent examination output was 40% higher when compared to 2013. Nonetheless, the backlog increased 6% in 2014 –which is still better than the 11% growth rate seen in 2013. The good news is that the office will […]
