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Client Alert

Happy New Year! New ordinances for 2022 already on track!

‍ Ordinance #51/2021: Phase II of IP Showcase pilot project (Vitrine de PI) The BRPTO has launched Phase II of the IP Showcase pilot project on the publication of information regarding industrial property assets available for commercial exploitation. In this second phase, the PI Showcase has been expanded to include industrial property assets resulting from […]

Brazilian Government updates rules for remittance of industrial property royalties abroad

In the twilight of 2021, Statute #14,286 aims to reduce bureaucracy in Brazil’s foreign capitals regulation and may impact the BRPTO’s role in the registration of licensing and technology transfer agreements. Following recent initiatives by the Brazilian government in order to improve Brazil’s business environment, Statute #14,286 brings much awaited changes in Brazilian foreign exchange […]

Brazil and Portugal sign PPH agreement

The Portuguese and Brazilian Patent and Trademark Offices informed last Thursday (December 16th) that they had concluded a memorandum of understanding to institute a pilot project of Patent Prosecution Highway (PPH) for patent applications filed in both Offices. The PPH is a bilateral agreement having operational nature that encourages work-sharing and grants the benefit of […]

BRPTO issues update on patents affected by the decision of the bid to the Supreme Court Original Jurisdiction #5529

‍ Official notice of december 14, 2021 ‍On December 14, the BRPTO published a notice in its Official Gazette #2658, updating on the analysis progress of the requests for review filed by patent holders after the declaration of unconstitutionality of the sole paragraph of article 40 of the Brazilian Patent Statute (Statute #9,279/1996)1, in the […]

5G in Brazil: Next Steps after the Bid

After several postponements, Brazil’s Telecommunications Agency (Anatel) concluded the 5G bid, on November 5, 2021. It was the largest spectrum offer in the history of the Agency – 700 MHz, 2.3 GHz, 3.5 GHz, and 26 GHz bands had national and regional slots disputed between bidders.

ANPD approves its Regulation on the Inspection Process and the Administrative Procedure

On October 29, 2021, the National Data Protection Authority (“ANPD”) approved its Regulation on the Inspection Process and the Administrative Procedure. The regulation establishes the procedures applicable to the inspection process and the guidelines to be observed in the administrative procedure to be conducted by the sanctioning Authority.

Amendment to the Federal Administrative Proceedings Statute was approved and may impact agrochemical registration and revaluation processes

Last Friday, October 1st, Statute #14210/2021 was published in the Federal Official Gazette, adding a chapter to the Federal Administrative Proceedings Statute (Statute #9,784/1999) aimed at instituting the so-called “coordinated decision” within the scope of the Federal Government.

BRPTO introduces the registrability of position marks as of October 1st, 2021

The BRPTO has published, in the Official Gazette #2646 of September 21, 2021, Ordinance #37, which introduces the registrability of position trademarks according to article 122 of the Brazilian Patent Statute (#9.279 of May 14, 1996).

Provisional Presidential Decree establishing rules for moderation of social media accounts and content is suspended

Signed by President Jair Bolsonaro last week, the Provisional Measure #1,068/2021 – which changed the Brazilian Internet Bill of Rights to establish new rules for accounts and content moderation on social media platforms – was suspended on Tuesday (14) by Justice Rosa Weber, of the Brazilian Supreme Court (“STF”). On the same day, Senator Rodrigo Pacheco, President of the Senate, decided to dismiss the Provisional Measure as he considered it unconstitutional.

Fifth official list of patents affected by the Supreme Court decision is released

(BRPTO’s gazette of August 10, 2021) On May 12, 2021, the Supreme Court Justices declared the Sole Paragraph of Article 40 of the Brazilian IP Statute unconstitutional with ex nunc effects by a majority. This means that all utility patents granted with a 10-year term of protection from grant and all utility model patents granted […]

The LGPD administrative sanctions came into force. What’s next?

On August 1st, 2021, the administrative sanctions provided by Article 52 of the General Data Protection Act (“LGPD”) entered into force. This means that the National Data Protection Authority (“ANPD”) can now impose administrative fines and penalties provided for in the legislation. They are: Warning, along with a deadline for adopting corrective measures; Simple fine, […]

National Data Protection Authority postpones public hearing on its rule of supervision and application of administrative sanctions to july 15 and 16

Brazilian Data Protection Authority (ANPD) announced on Thursday (8) the postponement of the public hearing that will discuss the draft of its rule of supervision related to the administrative sanctions provided by art. 52 of the National Data Protection Act (LGPD). The hearing, which would take place on July 8 and 9, was postponed, due […]

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