Arquivos do Mês: June 2024

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An initiative by the National Council to Combat Piracy allows inspection agents to immediately contact the legal representative when they come across a counterfeit product and verify its origin.

The National Consumer Secretariat, through the National Council to Combat Piracy (CNCP) and, in partnership with the Brazilian Patent and Trademark Office (BPTO), launched another feature of the National Directory Against Trademark Counterfeiting. The platform now has a public page for authorities with police and inspection powers to quickly access the contacts of representatives of original trademarks to combat counterfeiting.

The accessible consultation for consumers, companies, and supervisory bodies aims to promote transparency and cooperation in combating piracy and trademark counterfeiting. The announcement was made during the 3rd Ordinary Meeting of the CNCP. It reinforced the federal government’s commitment to defending intellectual property and combating crimes such as piracy, smuggling, and associated tax evasion.

“Now, inspection agents will be able to act with greater agility and precision when identifying counterfeit products, thus protecting consumers and encouraging a fairer and more legal market environment in Brazil,” highlighted the National Consumer Secretary, Wadih Damous.

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The National Directory Against Trademark Counterfeiting aims to centralize and make information available about counterfeit products, facilitating identifying and combating of this type of crime. The launched functionality will allow all security and inspection forces to access data on trademarks registered in the Directory, which today total more than 35 thousand. With the module, when faced with a counterfeit or smuggled product, the police or inspection agent can immediately contact the legal representative in order to acquire more evidence about the counterfeit.

The CNCP executive secretary, Andrey Corrêa, highlighted the importance of this tool in strengthening actions to combat counterfeiting in the country. “Publicizing this part of the Directory is a fundamental step to ensure the best level of information for frontline inspection agents who fight against the circulation of counterfeit products, which harm both the economy and the health and safety of consumers,” he stated.

In addition to providing a public list of contacts, the Directory will also continuously update all data and information on the platform, which can be accessed by consumers, police, and federal inspection authorities.

How it works

The Directory was developed on a free platform with no financial costs. There are two levels of access: restricted and for receiving information.

Restricted registration will be authorized by Senacon’s CNCP, requested from BPTO, and permitted only to public servants assigned to the following bodies and entities: Ministry of Justice and Public Security; Federal Police Department; Federal Highway Police Department; Secretariat of the Federal Revenue Brazil; Federal Public Ministry; Public Ministries of the States and the Federal District; Public Security Secretariats of the States and the Federal District; Civil Police Departments of the States and the Federal District; Institute of Criminalistics or Expertise of the States and the Federal District; and National Institute of Industrial Property.

Registration for reception is open to all interested parties. Information must be requested by email directioagentepublico@inpi.gov.br. Registration must also be requested from the BPTO, where advice from brand specialists will be available. They will answer questions and send the information contained in the restricted area.

Source: Brazilian Ministry of Justice and Public Security

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The BPTO published in the Industrial Property Magazine of June 18, 2024, the grant of registration for a Geographical Indication (GI) in the Denomination of Origin (DO) species for Scotch, referring to whiskey produced in Scotland.

This is the first foreign GI registered since 2019, and it is the 124th in total, with 88 Indications of Origin (IPs—all national) and 36 DOs (26 national and 10 foreign).

Discover about this IG

The delimited region encompasses the entire Scottish territory, with emphasis on the towns of Campbeltown and Islay and the regions of Highland, Lowland, and Speyside.

Among the fundamental aspects that prove the direct relationship between the quality of the product and the geographic environment, the cold climate stands out. With harsh winters and mild summers, it provides the perfect conditions for aging the distillate in oak barrels.

Water is another fundamental element in the production of whiskey. Scotland is abundant in natural water sources, including rivers, streams, and springs. Distilleries obtain their water from these sources, which imparts specific mineral qualities to the final product and contributes to its flavor.

Another important natural factor is the abundant supply of peat (partially decomposed organic material found in the extensive bogs of Scotland), which is used in the process of malting barley to produce whiskey. When peat is burned to dry malted barley, smoke is produced, giving the grain and, consequently, the drink a distinct smoky flavor.

The traditional know-how of drink mixers (called blenders) is crucial to the flavor profiles and sensory attributes of the drink. Together with the other factors, it gives Scotch whiskey unique characteristics.

Source: BPTO

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In a pioneering initiative, São Paulo State University (Unesp) will inaugurate on June 13th the first Contract Development and Manufacturing Organization (CDMO) with a Good Manufacturing Practices (GMP) environment in Latin America. Located in Botucatu, 230 km from São Paulo, the facility will be operated by the Center for the Study of Venoms and Venomous Animals (Cevap) and will focus on the development and production of biological medicines.

This new CDMO aims to provide specialized services to the pharmaceutical industry, producing pilot batches of biopharmaceuticals for clinical trials in a validated environment. Additionally, the facility will house a school for professional training and qualification in Good Manufacturing Practices (GMP) and offer space for biotechnology startups.

What is a CDMO?

A CDMO, or Contract Development and Manufacturing Organization, offers outsourced development and manufacturing services for pharmaceutical, biotechnological, or research companies. CDMOs are essential partners in assisting companies with the creation, development, and production of medicines, from initial research phases to commercial manufacturing and distribution, always adhering to regulatory guidelines.

Importance of CDMOs

CDMOs are valuable partners for pharmaceutical and biotechnological companies, offering a wide range of services that cover research and development, manufacturing, quality control, regulatory affairs, logistics, and distribution. They are particularly useful for companies that:
1.    Have promising medicines but lack manufacturing capacity.
2.    Need to quickly scale up production.
3.    Are developing complex medicines with stringent regulatory requirements.
4.    Seek flexibility and cost reduction.
5.    Aim to rapidly launch new medicines or expand into new markets.
6.    Prefer to focus on their core competencies and outsource manufacturing.

Services Offered

Key services provided by CDMOs include:
•     Research and Development: Formulation and development of medicines, stability studies and analytical testing, process development, and optimization.
•     Manufacturing: Small and large-scale production, manufacturing of various pharmaceutical forms, sterilization, and packaging.
•     Quality Control: Rigorous quality testing to ensure compliance with regulatory standards, process monitoring, and batch release.
•     Regulatory Affairs: Assistance in obtaining regulatory approvals and compliance with international standards (GMP).
•     Logistics and Distribution: Storage, transport, and distribution of medicines

A Growing Sector

The global market for biological medicines is experiencing significant and steady growth, with projections for 2024 estimating values up to US$ 300 billion. In Brazil, this sector moved approximately R$ 40 billion in 2023, with continuous growth expected.

The inauguration of the CDMO at Unesp marks a crucial moment for the research and production of biopharmaceuticals in Brazil. This innovative project offers essential infrastructure for the development of high-quality medicines. It will boost Brazilian biopharmaceutical production.

Source: G1

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Adopted by consensus by 176 member countries, the World Intellectual Property Organization agreement is the result of two decades of negotiations.

Brazil signed the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge at the Diplomatic Conference of the World Intellectual Property Organization (WIPO), which closed in Geneva, Switzerland, last Friday, May 24.

The decision by WIPO, an international entity part of the United Nations (UN) System, is the body’s first agreement to interrelate intellectual property with respect for the genetic heritage and knowledge of indigenous peoples and traditional communities.

Presided over by Brazil’s permanent representative to the International Economic Organizations, the conference results from two decades of negotiations at WIPO. Brazil acted to incorporate respect for the genetic heritage and knowledge of indigenous peoples and traditional communities into the intellectual property system. With the treaty adopted by consensus by 176 WIPO member countries, patent applicants must disclose access to genetic resources and associated traditional knowledge necessary for their inventions.

Genetic resources include plants commonly linked to indigenous peoples and local communities for their use, conservation, and tradition, passed down through generations. Although genetic resources in their natural state cannot be directly protected as intellectual property (IP), inventions developed using these resources meet the requirements for obtaining protection, generally through patents. This is a historical issue for developing and megadiverse countries in the intellectual property regime, with expected impacts on multilateral environmental regimes and agreements such as CBD, Nagoya Protocol, TIRFAA, and BBNJ.

“Today is a historic day in many ways, not only because it is the new WIPO treaty in more than a decade, but also because it is the first to address the genetic resources and traditional knowledge held by Indigenous peoples and local communities. In this way, we demonstrate that the intellectual property system can continue to encourage innovation and, at the same time, evolve inclusively, responding to the needs of all countries and their communities”, said WIPO Director General Daren Tang.

PATENTS — Under the treaty, patent applicants whose inventions are based on genetic resources or associated traditional knowledge must disclose the country of origin, the original source of these resources, and which indigenous peoples or local communities provided the traditional knowledge used in research.

Since the resulting inventions occur in industrial sectors with a significant market share, such as pharmaceuticals, cosmetics, food, and others, the agreement strengthens efforts to conserve biodiversity by facilitating the benefits generated from these inventions are shared with the countries of origin of the genetic resources and with the people and communities that hold the associated traditional knowledge.

This is a historic and innovative step for Carolina Miranda, general coordinator of International Regulation at the Secretariat of Copyright and Intellectual Rights (SDAI) of the Ministry of Culture (MinC). “This treaty has a range of norms adapted to these traditional communities. It is a new way of looking at intellectual property, adapting its concepts to respect the needs of traditional communities and issues such as those of original peoples,” “he explained.

CONTRIBUTION TO SCIENCE – The agreement is a milestone in the international intellectual property regime that translates into concrete actions in the economic objectives of environmental protection and promotion of human rights. Brazil’s commitment to the negotiations reiterates Brazil’s determination to seek, also through multilateral means, opportunities to generate sustainable employment and income for traditional communities, supporting the conservation of forests and biodiversity.

The instrument could promote science and innovation in biodiverse countries. It should facilitate the inclusion of traditional communities in sharing economic benefits derived from patents that use their knowledge and customs. Judging by the Brazilian experience (patent applicants are already obliged to reveal this information in the country), the agreement’s benefits may also be felt by countries that host industries that use genetic resources and associated traditional knowledge. According to INPI, since 2015, when the Biodiversity Law came into force, the number of patent requests that use genetic resources and associated traditional knowledge has increased considerably, indicating an incentive for innovation.

In addition to the Ministry of Foreign Affairs, the Brazilian delegation included the Ministry of Environment and Climate Change, the Ministry of Indigenous Peoples, the Ministry of Justice, and the National Institute of Industrial Property, and had the participation of representatives of indigenous peoples from different biomes.

Brazil’s commitment to concluding the treaty was widely recognized in its choice to preside over the Diplomatic Conference, which signals the international perception of the country’s relevant role as a facilitator of consensual solutions for advances in the global agenda while keeping alive the space of economic multilateralism.

Source: Brazilian Government