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Client Alert

Phase II of BRPTO’s PPH program is anticipated on January 1, 2021!

(per BRPTO’s gazette of December 29, 2020) As indicated in our client alert from December 29, 2020, Phase I of the PPH program, originally scheduled to close on November 30, 2022, reached its limit in December 2020. We are glad to advise that the BRPTO has decided to anticipate Phase II of the PPH program, […]

Happy New Year!! New ordinances for 2021 are coming through!

(per BRPTO’s gazette of December 29, 2020) The BRPTO published on December 29, 2020, four new patent application-related ordinances: ‍ Phase II of the PPH program is anticipated in January 2020! – Ordinance #404/2020 As Phase I of the PPH program reached its limit on December 2020 and the new phase was scheduled to be […]

New Patent Applications Examination Guidelines related to Biotechnology Inventions in force as of December 1st, 2020

On December 1st, 2020 the BRPTO issued Normative Instruction #118 from November 12, 2020, which establishes the new version of the Patent Applications Examination Guidelines related to Biotechnology Inventions and revokes the previous guidelines (Rule #144/2015). The main differences between the new (Normative Instruction #118/2020) and former (Rule #144/2015) Guidelines are outlined below: The new […]

ANVISA’s new Board of Commissioners

President Jair Bolsonaro recently made several appointments to the Board of Commissioners at ANVISA (Brazil’s equivalent to the US FDA), a group commonly referred to in Portuguese as ‘DICOL.’  President Bolsonaro’s appointment of three Deputy Commissioners – Cristiane Rose Jourdan Gomes, Alex Machado Campos, and Meiruze Sousa Freitas (who has been occupying the position on […]

Ministry of Health creates IP advisory bodies and changes criteria for ANVISA’s prior approval process

The Ministry of Health has (i) created a new organizational structure to provide technical support for its work on IP in health; and (ii) changed the patent application criteria for pharmaceutical products and processes considered to be of interest under the Public Healthcare System’s (SUS) assistance policy and subject to Brazil’s FDA (ANVISA) prior approval […]

ANPD’s Board of Directors appointed

President Bolsonaro appoints five Directors to govern the new ANPD ‍ On October 15, 2020, Brazilian President Jair Bolsonaro appointed five directors to the new Board of the National Data Protection Authority (ANPD). The nominees are: WALDEMAR GONÇALVES ORTUNHO JUNIORChairman of the Board Mandate: 6 years Background: Colonel in the Brazilian Army, Chairman of Telebras […]

BRPTO deadlines between September 16 and September 25, 2020, are suspended due to system failure

(Federal Register of September 25, 2020) ‍ All BRPTO deadlines falling between September 16 and September 25, 2020, have been suspended because its e-filing and searching systems were unavailable during this period. The BRPTO published on September 25, 2020, in the Brazilian Federal Register #185, Ordinance #334/2020, suspending all BRPTO’s deadlines due to problems with […]

BRPTO system crashes! Deadlines are postponed until the system is restored

(BRPTO website communication from September 16, 2020) ‍ As it did in August 2018, the BRPTO has experienced another system crash. All e-filing and searching tools have been unavailable since last Wednesday, September 16. The BRPTO has issued a notice on its website informing users about the problem with the system and announcing that all […]

Brazilian Data Protection Act comes into force

President Bolsonaro sanctions Law 14.058/20 without postponing the Data Protection Act ‍ On September 18, 2020, Brazilian President Jair Bolsonaro enacted Provisional Measure #959/20 into Law 14.058/20. In its initial version, Provisional Measure #959/20 proposed postponing the enforcement of the Brazilian Data Protection Act (“LGPD”) until May 3rd, 2021. However, Brazil’s Congress rejected this postponement. […]

IP Showcase! BRPTO launches a new program to promote IP assets

(BRPTO’s Gazette of September 15th, 2020) ‍ The BRPTO has launched a pilot project, referred to as an IP Showcase (Vitrine de PI), to facilitate the publication of information regarding industrial property assets available for commercial exploitation. The project was established by BRPTO Ordinance #331/2020 and published in its Official Gazette #2593 on September 15th, […]

New Deadline for Contributions for the National Strategy of Intellectual Property

Public Consultation #46/2020 will be open to receive comments and suggestions for the draft of the National Strategy of Intellectual Property (ENPI) until September 13, 2020. This extension of the deadline was published in the Official Gazette on August 27, 2020. For more information on the matter, please see our Client Alert  of August 12, […]

Brazil opened public consultation to receive comments on the country´s coverage proposal to join WTO’s GPA

On August 21st, the Secratariat of Foreign Trade of the Brazilian Ministry of Economy (SECEX) opened a public consultation to receive comments on Brazil’s proposal to join the World Trade Organization’s Government Procurement Agreement (GPA). The public consultation was officially opened through Ordinance #55/2020 and will last 60 days, ending on October 20th, 2020. Although […]

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