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The role of Intellectual Property (IP) in Brazil’s economic growth was a key topic at an event hosted by Amcham Brazil. The Executive Secretary of the Ministry of Development, Industry, Trade, and Services (MDIC), Marcio Elias Rosa, highlighted recent progress in Brazil’s IP policies and their contribution to creating a stable and predictable business environment for investors.

According to Rosa, IP modernization has been prioritized in national and international initiatives, including its inclusion in the recent Mercosur-European Union trade agreement. The agreement ensures recognition of Brazilian geographical indications (GIs), such as Canastra cheese and cachaça, in European markets.

“Strengthening intellectual Property is essential for the government’s economic agenda. It provides predictability for private-sector initiatives and ensures the legal security necessary to attract new investments,” stated Rosa.

Efforts to Address the Patent Backlog and Improve Efficiency

A key focus of Brazil’s IP reform has been reducing the patent backlog at the Brazilian Patent and Trademark Office (BPTO). Rosa reported a decrease in the average patent examination time from six to four years and two months, with plans to reach two years by 2026. The reforms include investments in technology, infrastructure, and workforce expansion through upcoming public recruitment processes.

Juliana Ghizzi Pires, Director of the Department of Intellectual Property Policy and Quality Infrastructure, emphasized the importance of structural changes within the ministry. “For the first time, the ministry has a dedicated department for IP policy, which has accelerated progress in this area,” she noted.

Intellectual Property as Part of Brazil’s Industrial Strategy

Intellectual Property also plays a central role in the government’s New Industry Brazil (NIB) initiative, which aims to support innovation and industrial development. IP policies have been integrated into the program’s six industrial priorities, strengthening collaboration between Scientific and Technological Institutions (ICTs) and the private sector.

Amcham CEO Abrão Neto acknowledged the importance of these reforms: “Policies that emphasize intellectual property as part of the industrial strategy are critical to fostering a more competitive and innovative economy.”

Implications for International Investors

The ongoing improvements to Brazil’s IP system indicate a more transparent and efficient environment for businesses and investors. By addressing longstanding challenges, Brazil aims to provide stronger legal foundations for companies looking to operate and expand in the region.

Tavares IP offers specialized support for international businesses navigating Brazil’s IP landscape. Our team ensures that your intellectual assets are protected and aligned with local regulations, enabling secure and effective market entry.

Contact us to learn more about Brazil’s evolving IP framework and how it can benefit your business.

The 6th Business Court of Rio de Janeiro has ordered the removal of the song “Million Years Ago” by British singer Adele from digital platforms after strong evidence of plagiarism involving the song “Mulheres,” composed by Toninho Geraes and sung by Martinho da Vila.

The court decision, resulting from a lawsuit by Toninho Geraes, points to “almost identical melodic similarity” between the works. This decision highlights the importance of protecting intellectual property across borders. In case of non-compliance, a fine of R$50,000 was established per infringing act.

The Brazilian composer filed the lawsuit in February of this year after unsuccessful attempts to reach an agreement with Adele, producer Greg Kurstin, and the record companies involved, including Sony and Universal. In addition to suspending the work, Toninho requests recognition of co-authorship, compensation, access to copyright, monetary adjustments, and interest.

Although preliminary, the decision represents a significant advance in protecting the rights of Brazilian composers and reinforces the seriousness of intellectual property legislation in the country.

Ensure the protection of your intellectual property

Cases like this highlight the importance of registering and monitoring your work. Tavares IP has been operating in the market for five decades, offering complete solutions in intellectual property and ensuring the recognition and appreciation of its clients’ creative work.

Contact our team of experts.

The Senate has approved the regulatory framework for artificial intelligence (AI), defining rights, risks, and guidelines for using this technology in Brazil. The text now moves to the Chamber of Deputies.

Key points of the project include:

• Classification of “high-risk” systems that may impact critical infrastructure, health, and justice.
• The Brazilian Data Protection Authority (ANPD) coordinated the creation of the National System for Regulation and Governance of AI.
• Mandatory remuneration for the use of copyrighted content in AI system training.

The proposal aims to balance technological advancement with preserving fundamental rights and providing greater legal security for companies and users.

Protect your creations and be prepared for the future of technology. Contact Tavares IP to discover how we can help your company secure its rights in the innovation landscape. Get in touch now.

Brazil and Europe have renewed the cooperation agreement between the Brazilian Patent and Trademark Office (BPTO) and the European Patent Office (EPO) for another five years. The renewal, published in the Official Gazette of the Union on November 29, guarantees the continuity of the Patent Prosecution Highway (PPH). This project has facilitated the analysis of patents in both territories.

Through the PPH, Brazilian inventors can use the results of examinations carried out by the BPTO to expedite the processing of their patents at the EPO and vice versa. The new memorandum, signed by the presidents of the BPTO, Júlio César Moreira, and the EPO, Antonio Campinos, will come into effect on December 1, 2024, and will be valid until 2029.

This renewal reinforces Brazil and Europe’s commitment to simplifying intellectual property processes, reducing deadlines and costs for companies and inventors seeking protection in international markets. It is a strategic step to strengthen competitiveness and innovation in both countries.

Accelerate your patents with strategy and expertise

Our team at Tavares IP is ready to guide you in using the Patent Prosecution Highway (PPH) and in all stages of patent registration and management, ensuring agility and legal security in the main global markets.

Please feel free to contact us today.

On Wednesday (27), the Chamber of Deputies approved Brazil’s accession to the Budapest Treaty, which internationally recognizes the deposit of microorganisms for patent applications. The measure, provided for in Legislative Decree Project (PDL) 466/22, now awaits analysis by the Senate.

Key points about the Budapest Treaty and the impact of accession

• Simplification of international processes: deposits of microorganisms made at any International Depositary Authority (IDA) will be valid in all signatory countries.
• Reduced costs for inventors: accession eliminates the need for multiple deposits, facilitating the protection of international patents.
• Strengthening of infrastructure in Brazil: Brazilian institutions may be recognized as IDAs, allowing deposits in the country itself.
• Advances in the biotechnology sector: the treaty ensures greater legal certainty and competitiveness for patents involving biological materials, promoting the development of innovative technologies.

Prepare for new intellectual property protection scenarios

By joining the Budapest Treaty, Brazil aligns itself with international best practices in biotechnology patents. Is your company ready to take advantage of this new scenario?

Contact Tavares IP to learn how our team can help you.

The Brazilian Patent and Trademark Office (BPTO) has announced an update to its Trademark Manual, effective November 27, 2024. The new version introduces procedure changes and textual adjustments, intending to make processes more precise and efficient.

Updates of the Trademark Manual

• Inclusion of a Deed of Assignment template as an annex to the Trademark Manual.
• Addition of specific instructions for users regarding the issuance of certificates for highly renowned trademarks.
• Refinement of procedures related to the reinterpretation of item VII, Article 124 of the Industrial Property Law (LPI), allowing registration of signs with both advertising and distinctive functions.
• Textual adjustments regarding the investigation period for trademark non-use cancellation (caducity).
• Updates addressing the filing of multiple petitions for name, address, or headquarters changes.
• Revised information on requesting photocopies or digitization of documents.

You can visit the official website for a comprehensive overview of these updates.

Need support to understand how these changes impact your IP strategy?

At Tavares IP, we specialize in providing tailored solutions for intellectual property needs. Please contact us today to discuss how we can support your IP strategy.

Source: BPTO

Vivaxin, a Brazilian vaccine developed to combat Plasmodium vivax, the parasite responsible for 82.5% of malaria cases in Brazil, had its patent application filed in October 2023.

Key information about Vivaxin

• Brazilian context: Vaccines available globally are ineffective against Plasmodium vivax, the predominant parasite in Brazil. Vivaxin fills this gap by offering an approach targeted to local needs.
• Advances in development: After promising results in the preclinical phase, which included testing on animals, the request for authorization for clinical studies in humans will be submitted to Anvisa by January.
• Protection via intellectual property: The patent application covers the production process and formulation of the vaccine, including the adjuvant developed by the researchers. This protection is essential to guarantee exclusivity and enable future partnerships.
• Strategic partnership: The collaboration between University of the São Paulo (USP) and the University of Minas Gerais (UFMG) sought to overcome a critical stage between academic research and practical application and create a fully national product.

Malaria remains a major public health challenge, particularly in Brazil’s Amazon region, which accounted for 99.98% of cases in 2023. With 139,884 reported diagnoses last year, innovative solutions like Vivaxin are urgently needed.

The Role of Intellectual Property in Biotechnology

Patent filings are a strategic step in establishing Brazil as a key player in vaccine and health technology development. Monitoring initiatives like Vivaxin is essential to identify opportunities and support scientific advancements in the region.

Contact Tavares IP to learn how we can assist in protecting and enhancing your innovations in Brazil and globally.

Source: Época

On November 12 and 13, the Brazilian Patent and Trademark Office (BPTO) participated in activities in Santa Catarina in partnership with the Geographical Indications Forum (GI) and the State Council for Combating Piracy (CECOP). These actions are part of BPTO’s plan to regionalize and internalize initiatives to protect public industrial property titles.

Partnerships to strengthen GI

BPTO and the GI Forum discussed partnerships with the National Directorate for Combating Counterfeiting of GIs. One of the initiatives on the agenda was to make images of original GI products available in a centralized database, facilitating access by public authorities throughout Brazil.

The GI Directory, a project by BPTO in partnership with the National Council for Combating Piracy (CNCP), will be launched on November 28, marking a significant step forward in defending the authenticity and quality of certified products.

Operation “Fake Brand” combats counterfeit goods

BPTO joined the “Fake Brand” operation in Brusque, led by the Civil Police. The operation targeted the manufacture and distribution of counterfeit goods, resulting in:

• Seizure of more than 20 thousand counterfeit items, including clothing, perfumes, glasses, and watches.
• Goods are valued at R$1.5 million and R$1 million in tax assessments.

During the operation, the National Directorate for Combating Trademark Counterfeiting (CNCP-BPTO) offered support while training actions in intellectual property and new partnerships with CECOP were discussed.

Intellectual property protection

Tavares IP offers complete intellectual property solutions in Brazil and abroad if you need to protect your trademarks, patents, or geographical indications. Please find out how we can help you ensure its rights and stand out in the market.

Feel free to contact us today.

Source: BPTO

On November 6, Brazil and China advanced in a strategic partnership focused on consumer protection and combating piracy. During a meeting, the National Consumer Secretariat (Senacon) received the vice minister of the State Administration for Market Regulation of China (SAMR), Liu Jun, to discuss a memorandum of understanding that will formalize the exchange of information between the countries and implement coordinated actions.

With essential representatives from both nations, topics such as product guarantee, food safety, and strengthening inspection measures for defective or unsafe products were discussed.

Strategic Impacts of this Alliance

This agreement aims to facilitate the exchange of data and the creation of a communication channel between Senacon and SAMR, allowing joint actions in areas of common interest.

The cooperation reinforces the importance of a globalized approach in combating piracy, impacting consumer safety and national economies.

For businesses and consumers facing challenges with piracy, Tavares IP offers specialized support in combating counterfeit products, helping to protect brands and ensure a safer market.

Learn more about Tavares IP’s anti-piracy service and strengthen your protection.

Source: Brazilian Ministry of Justice and Public Security

The Director of Trademarks, Industrial Designs, and Geographical Indications of BPTO, Schmuell Lopes Cantanhede, announced during a meeting with trademark system users that the Institute will start accepting trademark applications that contain advertising elements (slogans).

The updated Trademark Manual is scheduled for publication on November 27, based on a new interpretation of item VII of art. 124 of the Industrial Property Law—LPI (9,279/1996).

According to Cantanhede, this is the first step towards registering trademarks with slogans in the first instance. In 2025, a satisfaction survey will be conducted with users; in 2026, an intermediate assessment; and in 2028, a final evaluation of the effects of the improvement.

During the meeting at the BPTO headquarters in Rio de Janeiro on October 30, trademark users who had previously registered to participate were able to clarify doubts about the implementation of the new interpretation of item VII of Art—124 of the LPI.

The activity took place within the “Permanent Dialogue with Interested Parties” project, which will include new meetings on other BPTO services.

The project focuses on understanding users’ needs and expectations related to Objective 9 of the Strategic Plan 2023-2026—Improve governance and management practices and institutional relationships.

Read the presentation by the INPI director. (In Portuguese)

Watch the meeting on the INPI YouTube channel. (In Portuguese)

Check out the proposed text for updating the Trademark Manual. (In Portuguese)

Source: BPTO