Client Alert

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.

On December 23, 2022, the National Data Protection Authority (“ANPD”) released new instructions for data breach reporting. The new guidelines update a previous guide that had been released on February 22, 2021, which provides orientations on (i) the measures that shall be taken when a data breach is identified, (ii) the information that must be reported to the ANPD, (iii) the situations in which data subjects must be  notified of a data breach, and (iv) the deadline and the means to report a data breach to the ANPD.  

2023 starts with new ordinances in force to accelerate patents and patent applications’ examination.

The Brazilian Electrical and Electronics Industry Association (Abinee) will hold this Friday (December 16), starting at 9:30 a.m. (BRT), the webinar “The development of the Brazilian patent system in light of Bill #2056/2022”. The event, which is supported by Licks Attorneys, is open to the public and can be accessed online through the Zoom platform. Registration can be done at: https://www.lickslegal.com/abinee-dez22-en.

The BRPTO invited public opinion for the second edition of the Industrial Design Handbook through the Federal Register of November 7, 2022. The invitation was also issued in the BRPTO’s Official gazette #2705, of November 8, 2022.

The Brazilian National Data Protection Authority (ANPD) released this Tuesday (October 18) the “Cookies and Data Protection” Guidelines. The guidelines aim to advise processing agents on good practices regarding the use of cookies on websites. The main aspects are detailed below.

The Brazilian Federal Senate approved on Thursday (October 6) Draft Legislative Decree #274/22, which provides for Brazil’s accession to the Geneva Act of the Hague Agreement on the Industrial Designs international registration. As it had already been approved by the Brazilian House of Representatives on August 29, 2022, the draft will be forwarded to Senate President Rodrigo Pacheco for approval.

The Brazilian PTO (BRPTO) announced on September 29, 2022, that the cap for PPH (Patent Prosecution Highway) requests for 2022 has been reached. As a result, all PPH requests received after this date will not be considered until the end of this year.

The Full Court of the Court of Appeals of the State of Rio de Janeiro (TJRJ) approved, on Monday (12/9), the change of jurisdiction of its Civil Chambers and their transformation into Public Law and Private Law Chambers. Two Chambers with exclusive, specialized jurisdiction over matters of Business Law, which should include IP-related suits, will also be created.

Bill by House Representative Alexis Fonteyne aims to modernize the Brazilian patent system, correcting flaws and problems of the last 25 years: in addition to implementing the decisions of the Supreme Court (STF), it demonstrates concern with the sovereignty of the Brazilian Judiciary in the exercise of jurisdiction in national territory. ‍ House Representative Alexis Fonteyne (NOVO-SP), […]

The Brazilian National Congress (House and Senate) has voted today in a joint session to maintain the Presidency’s vetoes to Law #14,200/2021. Thus, it has been confirmed that should a compulsory license be granted for a patent or patent application, patent owners will not be required to provide the necessary and sufficient information for the […]

On June 14, President Jair Bolsonaro signed Executive Order # 1,124/2022, which transforms the Brazilian Data Protection Authority (ANPD) into a special autarchy. Until then, the ANPD was an organ of the Presidency of the Republic. The transformation seeks to ensure autonomy and independency to the ANPD by applying the same framework of federal regulatory […]