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Client Alert

Brazilian Data Protection Act will not have its enforceability postponed

The postponement had been approved by the House of Representatives, but was rejected by the Senate yesterday ‍ On August 26, 2020, the Brazilian Senate rejected the proposal to postpone the enforceability of the Brazilian Data Protection Act (“LGPD”). Such proposal was provided by Provisional Measure #959/20, which had been approved by the House of […]

Brazil’s path for speeding up innovation: The National Strategy of Intellectual Property

On August 10th, it was published in the Brazilian Official Gazette Public Consultation #46/2020, which is open to receive comments and suggestions for the draft of the National Strategy of Intellectual Property (ENPI). The initiative is the result of a work group that includes various public administration entities and is coordinated by the Intellectual Property […]

One step closer to the ratification of the Nagoya Protocol

The Brazilian Senate on August 6, voted on the text of the Bill of Legislative Decree #324/20 which approves the Nagoya Protocol in the country. The text had already received a positive consideration by the House of Representatives. Now, the President should enact a federal Decree allowing the treaty to take effect in Brazil, as […]

Fast-track examination program updated with new options: Startups are now on board

(BRPTO’s Gazette of June 30th, 2020). ‍ Ordinance #247/2020 implementing the BRPTO’s new Fast-track (FT) program came into to force on July 30th, 2020. This new program unifies the Fast-track programs issued by the BRPTO so far and adds the possibility of expediting the examination of patent applications belonging to startups. Eligible startups are those […]

The Nagoya Protocol and its expected ratification by Brazil

The Brazilian Chamber of the State Representatives on July 8, 2020 unanimously voted on the Bill of Legislative Decree # 324/20 for the approval of the Nagoya Protocol. The text was sent for consideration to the Senate and, after that, the President should enact a federal Decree allowing the treaty to take effect in the […]

Regulatory Impact Assessment in Brazil

Federal Decree #10,411/2020 new regulation Brazilian Regulatory Quality The Regulatory Impact Assessment (RIA) regulation is a milestone for the improvement of regulatory quality from federal public entities in Brazil. RIA is a mechanism for the decision-making process in the Public Administration, it rationalizes and establishes a procedure for public entities. RIA was introduced in Brazilian […]

Data privacy act (LGPD) administrative sanctions postponed to August 1st, 2021

The postponement of the sanctions was provided by Law 14.010/20. On June 10th, President Jair Bolsonaro sanctioned Law #14.010/2020, which among other measures postpones the enforceability of the administrative sanctions provided by the Brazilian Data Privacy Act – LGPD to August 1st, 2021. The original version of the bill intended to postpone the date of […]

BRPTO releases updated version of Patent Examination Draft Guidelines related to Biotechnology Arts

On June 8, 2020 the BRPTO published an updated version of the new Patent Examination Draft Guidelines related to Biotechnology Arts, resulting from the review of the comments and suggestions received last year after the invitation for public comments on said Guidelines. This document is not final and must be approved by the BRPTO’s Federal […]

Brazilian Supreme Court and the attack of the century to the country´s patent law

Risk of killling more than 22 thousand patents at once on the constitutional challenge to the 10-year minimum patent term set forth in the 1996 statute. The Brazilian Supreme Court (STF) is going to analyze the alleged unconstitutionality of a section of the patent law for the first time in Direct Plea of Unconstitutionality #5529 […]

BRPTO’s deadlines to be resumed on June 1st, 2020

(BRPTO’s Gazette of May 26th, 2020) The BRPTO published on May 26th, 2020 in its Official Gazette #2577, an Official Notice informing the end of the suspension of its deadlines due to the Coronavirus outbreak (COVID-19). Deadlines will be resumed on June 1st, 2020. As informed in our client alerts from March 19th, April 14th, […]

Brazil submits application to join the WTO Government Procurement Agreement

The country is the first in Latin America to submit its application to join the pact Brazil submitted a formal application for accession to the World Trade Organization’s Government Procurement Agreement (GPA). The country’s statement (1) was published by the WTO on May 19th. Brazil was granted observer status by GPA parties in October 2017 […]

BRPTO’s deadlines suspended until May 31st, 2020 due to COVID-19 outbreak

(BRPTO’s Gazette of May 12th, 2020) The BRPTO published on May 12th, 2020 in its Official Gazette #2575, Ordinance #179/2020, extending the suspension of BRPTO’s deadlines until May 31st, 2020 due to the Coronavirus outbreak (COVID-19). As mentioned in our client alerts from March 19th, 2020, April 14th, 2020 and from April 28th, 2020, related […]

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