(BRPTO’s gazette of April 20, 2021) Yesterday, more patents were granted with a reduced term of protection due to the preliminary injunction (PI) granted by Reporting-Justice Toffoli on April 7. You can learn more about Reporting-Justice Toffoli PI in our client alert from April 12, 2021. In its Official Gazette #2624 of yesterday’s date, […]
(BRPTO’s gazette of April 13, 2021) As the Licks Attorneys team previously advised, today, the BRPTO granted patents with a reduced term of protection due to the preliminary injunction (PI) granted by Reporting-Justice Toffoli on April 7. Justice Toffoli partially granted a preliminary injunction to suspend the effect of the Sole Paragraph of Art. […]
La décision provisoire rendue par le juge Toffoli a un effet immédiat sur près de 13 000 demandes de brevet au Brésil. Le 7 avril 2021, la Cour suprême brésilienne devait juger de la plainte constitutionnelle introduite en 2016 contre le seul paragraphe de l’article 40 de la loi sur la propriété industrielle (LPI) […]
Injunction granted by Justice Toffoli has immediate effect impacting almost 3k pharma-related applications. Almost 13K pending patent applications shall be directly affected in Brazil soon. The Brazilian Supreme Court was scheduled to hear the 2016 constitutional challenge to the SOLE PARAGRAPH OF ARTICLE 40 of the 1996 Brazilian Industrial Property (IP) Statute on April […]
(BRPTO’s gazette of March 30, 2021). As a continuation of the Plan to Combat the Patent Backlog, new Ordinance #21/2021 brings a new group of applications to the preliminary office action program. Now, applications filed in 2017 and still pending an examination may also be eligible to receive preliminary OAs. This so-called “preliminary office […]
On March 8, 2021, the National Data Protection Authority (ANPD) issued its new Rules of Procedure. What follows are some of its most significant provisions: The rules confirm the ANPD’S structure as outlined in Brazilian Data Protection Law (Law # 13,709 of 2018 or LGPD): (i) a Board of Directors (Conselho Diretor or BoD) and […]
On March 04, 2021, Brazil deposited at the United Nations a letter ratifying the Nagoya Protocol (Protocol) on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (CBD), signed by the Chief of the Executive Branch, Jair Bolsonaro. The Brazilian Senate had […]
On February 22, 2021, the National Data Protection Authority (ANPD) issued new personal data breach reporting guidelines. The guidelines establish rules on (i) the measures that should be taken when a personal data breach has been identified, (ii) the information that needs to be communicated to the ANPD, (iii) the situations in which the data […]
On International Data Protection Day, the National Data Protection Authority (ANPD) published its regulatory agenda for 2021-2022. On January 28, 2021, a date celebrated as International Data Protection Day, the National Data Protection Authority (ANPD) published its regulatory agenda for the next 24 months. This agenda includes initiatives to establish complementary regulations regarding the following […]
(per BRPTO’s gazette of December 29, 2020) As indicated in our client alert from December 29, 2020, the BRPTO published Ordinance #412/2020, which includes further rules on the preliminary office action program, a component of the BRPTO’s Plan to Combat Patent Backlog. Ordinance #412/2020 alters the so-called “preliminary Office Action program” related to examining […]
On December 29, 2020, the BRPTO issued Ordinance #405, establishing new rules for the submission of Sequence Listing for patent applications pending in Brazil. According to Ordinance #405/2020, during 2021, Sequence Listing can be submitted before the BRPTO either following the World Intellectual Property Organization (WIPO) ST.25 Standard (.TXT format) or, alternatively, the ST.26 Standard […]
(per BRPTO’s gazette of December 29, 2020). As mentioned in our client alert of December 29, 2020, the BRPTO published Ordinance #411/2020, which establishes the new version of the Examination Guidelines for Computer-Implemented Inventions (CII). This ordinance is in force as of January 1, 2021, and revokes the previous guidelines provided by Rule #158/2016. […]
