News

Brazil is officially part of the Hague Convention

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Admission to the Agreement will take effect on August 1 of this year.

In mid -February, Brazil’s adhesion to the Hague Convention for the International Registry of Industrial Designs was made official after the government applied for its membership in the 1999 Geneva Minutes in December 2022. Entry into the agreement will be effective as of August 1st this year.

The process of adhesion to the system began last September when the House of Representatives approved the country’s bonding through Legislative Decree No. 274/22. With its adhesion, Brazil will become the second Latin American country (after Mexico) and the 79th member to join the Convention. Other American countries in the agreement are Belize, Jamaica, Mexico, Sao Tome and Principe, Suriname, Canada, and the United States.

The Hague Convention (in force since 1925) will allow those who have a business or produce industrial designs in Brazil to request their drawings from Brazil in any of the signatory countries through a single international request, Just as they can obtain international protection for their pictures in Brazil if they produce outside Brazil.

According to the World Intellectual Property Organization (WIPO), applications must be named after the creator, cannot be submitted through the Brazilian Patent Office (BPTO) (WIPO will administer the international applications), and may include until 20 variants of the projected model. These drawings must belong to the same class or subclass as the Locarno classification and share common characteristics. Brazil will protect the pictures recorded for 25 years.

The postage of the publication of industrial design is prohibited when Brazil has been designated in an international request; The change of holder is also prohibited until the registry receives certain documents and will not be allowed to register in the International Registry of Change of Inventive ownership in Brazil until the INPI has all the certification documents related to this change.

In Brazil, there are six resolutions related to industrial design: Resolution PR No. 232/2019, which provides for the creation of the Industrial Designs Manual (created in January 2019 through Normative Act 232/2019), and the resolutions for the expedited examination request for industrial design application dor sports products, for the delivery of the Electronic Industrial Design Registration Certificate, for the creation of the electronic industrial design module of the electronic industrial property management system, for the deposit of Requests for the filing of industrial designs for applications for geographical indications and the adoption of the international Locarno classification for industrial designs. Similarly, all these resolutions and other provisions are contained in Industrial Property Law 9,279/96, which defines industrial design in article 95, and the regulation of BPTO.

Being part of the Hague system is particularly advantageous, as it allows local designers to take their models outside Brazil and that SHEs and various companies quickly get registration in all contracting countries, avoiding complex and costly procedures, making a single payment for a Single request in a language through a single entity (WIPO) and with the freedom to schedule the publication of your registration.

Source: LexLatin

Intelligent use of intellectual property rights can give prizes
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Intelligent use of intellectual property rights can give prizes

Applications for Wipo Global Awards are open, a boasting award for small and medium-sized businesses (SMEs) of all sectors of the economy, which use different forms of intellectual property, from copyright to brands, Patents, and geographical indications.

In their second edition, the awards intend to highlight the central role of SMEs’ innovative and creative activities and recognize creators, inventors, and designers who achieve their business objectives based on the efficient use of intellectual property rights and at the same time implement this innovation and creativity for society.

The winners will be entitled to a personalized mentoring program for intellectual property marketing, as well as a program on access to financing opportunities and partnerships.

Source: Sapotek

Hermès wins a lawsuit against 'metabirkins', NFT of his iconic luxury bag
News

Hermès wins a lawsuit against ‘metabirkins’, NFT of his iconic luxury bag

The luxury brand Hermès has won a lawsuit against the digital artist behind the metabirkins, NFT of his famous Birkin bag. The company was able to convince a jury that the digital piece sold by Mason Rothschild on the Internet violated the rights she has to the Birkin brand.

Metabirkin is a digital image with the iconic Hermès Birkin luxury bag covered by colorful skin in place of leather.

The verdict was known today and gave Hermès the right to receive $ 133,000 as reparation for losses. The jurors also decided that Rothschild NFTs are not protected by the principle of freedom of expression of the first amendment of the US Constitution.

Hermès declined to comment. Rothschild has classified the decision as “wrong.” The trial was the first to examine how NFTs – digital assets that exploded in popularity in the last two years – should be seen through the lens of intellectual property laws.

Emily Poler, a New York Technology Lawyer specializing in technology and intellectual property, said the case has led to a specific decision and that it is still possible to make “art” under the protection of the first amendment in the US.
Jurists have been following this case and, anyway, evaluate that it can influence other pending or future processes involving NFTs and the line that still exists between art and consumer products.

There are a number of other brands in the fashion world, from Balenciaga to Nike, announcing plans to expand their acting to NFTs, betting on the valorization of these assets with the development of the metaverse, a digital environment that combines virtual and real spaces.

Hermès is known to be one of the world’s most luxurious and exclusive brands, with its products being sold at very high prices. Therefore, the company has been very strict in protecting its intellectual property, processing several companies that try copying their models or using their names improperly.
Source: O Globo
The Tavares Intellectual Property team is available to assist them and clarify any questions through the email info@tavaresoffice.com.br or telephone +55 21 2216.6350.
News

Nokia signs deal with Samsung to use 5G patents and other technologies

Nokia announced this Monday, 23, a new reciprocal licensing agreement with Samsung, covering patents for 5G technologies, among others. The partnership comes after the expiration of the contract that the two companies had at the end of 2022.

The deal covers Nokia’s key inventions for 5G and other technologies, for which Samsung will pay royalties. The contract, with confidential terms, will be valid for an unspecified period of years, starting on January 1, 2023. The agreement is within the perspectives that Nokia had disclosed in its financial statement for the third quarter of 2022.

Since 2000, the Finnish company informed it invested 130 billion euros (R$ 731.5 billion) in research and development. Nokia’s portfolio comprises around 20,000 patent families, with more than 4,500 considered “essential for 5G”.

The company contributes its inventions under open standards and, in return, has the right to license them on fair, reasonable, and non-discriminatory terms.

In this way, companies can license and use these technologies without making their own investments in standards.

Source: Mobile Time

News

Disney’s character Mickey Mouse will enter the public domain on January 2024

In 2024, the Walt Disney Company will no longer be able to prevent other artists or companies from using the Mickey Mouse character image, which will fall into the public domain.

However, Disney also still holds trademark protection on Mickey Mouse, which is renewable for each 10-year period. While copyright keeps other companies from reproducing the Mickey Mouse image, a trademark ensures that other companies are not allowed to use the Mickey Mouse image in order to designate goods that could be considered as being produced by Disney.

Under US law, the mouse created for a cartoon in 1928 is expected to lose copyright protection.

With this, anyone can use Mickey without a license agreement. However, only the version that appears in the 1928 Steamboat Willie short film can be used freely.

According to the country’s current intellectual property law, characters and other artworks are no longer exclusive to those who created them after 95 years of conception.

Mickey Mouse — the creation of illustrator Walt Disney, the rodent that would become the hallmark of a global entertainment empire — whose silhouette consists simply of a large circle and two smaller circles that serve as ears, launched his career with The Steamer Willie, in New York on November 18, 1928.

Source: Exame
News

Understand the impact of medical marijuana use on the lives of those who depend on expensive treatments

This week, in an unprecedented decision, the 6th Panel of the Superior Court of Justice allowed three Brazilians to plant marijuana for medicinal purposes.

To show the impact of this decision on the lives of those who depend on very expensive treatments – and who can now be authorized to produce their own medicine at home – check out the conversation with researchers and with one of the patients who received this authorization.

A little marijuana plant will get big, flower, and be transformed into this extract. This is how the entire production is controlled by a 27-year-old who lives in Sorocaba, in the interior of São Paulo.

“I chose not to appear because there is still a lot of prejudice. I’m not doing anything wrong,” said the patient, who asked not to be identified.

And he’s not committing any crime, anyway. The Superior Court of Justice authorizes it. Until now, habeas corpus – authorizations for planting – had only been issued by lower courts, never by the STJ, which is a federal court. But the ministers of the 6th Panel were unanimous in their decision last Tuesday (14th).

The young man from Sorocaba had already asked for authorization to plant in the municipal and state courts, but without success. In addition to this case, the ministers of the 6th Panel of the STJ also gave permission for a woman and her nephew to grow marijuana for medicinal purposes. He treats psychiatric disorders.

“I have been taking medicine since I was 12 years old. Anything was cause for anxiety. I had really, really bad depression,” he said, who was introduced to medical marijuana by his mother.

The mother, in turn, decided to take a course.

“I had a certain prejudice, but then you learn in the course that what you are taking is a medication”, she says.

Reporter: And how are you today?
Patient: I haven’t known what it’s like to have an anxiety attack for almost two years.

Who prescribed marijuana substances for the three patients was Dr. Eliane Nunes, psychiatrist and founder of the Brazilian Society for the Study of Cannabis Sativa. She and a group of lawyers helped to set up court cases for patients authorized by the STJ to plant at home.

“We want the right of all patients to plant. What we don’t have here in Brazil is the regulation of this domestic cultivation”, says Eliane.

Today, there are five associations with granted habeas corpus for planting and production in Brazil. And there is no exact number of families authorized to cultivate for medicinal use.

It is also possible to import or buy medicines made with substances taken from the plant in pharmacies. But there are many people who want to grow and make their own oil because of the high price.

The planting of cannabis Sativa appears in 33 proposals that are being processed today in the Chamber of Deputies. In the Senate, there are three projects that deal with the regulation of the cultivation, harvesting, and medicinal use.

Source: G1

News

Medical cannabis: import grows 15 times in 5 years and pharmacies can sell 18 products

“I heard my son say ‘I love you’ for the first time when I was 8 years old”, says Priscila Guterres Moraes, 41, Levi’s mother. Premature, autistic, and unable to express himself alone, the mother says the boy found new “brain connections” that unlocked his speech after receiving the substances derived from marijuana.

The achievement of incalculable value for parents is a reflection of the struggle for the release of medical cannabis intensified since 2010 in Brazil: the import authorization for the product that guarantees a new life for Priscila’s son was one of more than 70,000 already granted since 2015.

A number even lower than the potential of medicines, according to experts, but which already represents a 15-fold increase in imports in 5 years. An expanding market that promises to treat more than 20 different medical conditions and which already has 18 products authorized for sale in pharmacies across the country.

Levi, Priscilla’s son, is now almost 10 years old. After so many consultations, the mother herself explains in a simplified way what CBD (cannabidiol), one of the substances in cannabis, caused her son: “[He had a brain condition] as if they were disconnected wires… It seems that [with CBD] the connections met, the little threads met”, says Priscila.

This system is directly or indirectly related to a list of conditions, disorders, or diseases described in different studies with cannabis derivatives. They are in the spotlight of science and even the international pharmaceutical market: refractory epilepsy, multiple sclerosis, ASD, Parkinson’s, Alzheimer’s, and even mental illnesses such as depression and anxiety.

Source: G1

Cannabis: Brazil approves the first drug with THC content above 0.2%
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Cannabis: Brazil approves the first drug with THC content above 0.2%

The National Health Surveillance Agency (ANVISA) approved the use and marketing in Brazil of the first product derived from medical cannabis with a THC concentration above 0.2%. This is Cannabis sativaGreenCare Extract (160.32 mg/ml). This is the 16th cannabis-based product approved by ANVISA.

The authorization was published in the Official Gazette (DOU) this Monday (5/9). The herbal medicine will be offered in the form of a solution, with 20 mg/ml of cannabidiol (CBD) and about 0.2% of tetrahydrocannabinol (THC).

Until then, ANVISA only approved the marketing of products with residual THC (up to 0.2%). The new regulation authorizes an active marker, with its intended function.

According to GreenCare’s head of marketing, Andrea Chulam, the main beneficiaries will be patients with conditions that cause chronic pain, such as fibromyalgia; cancer pain; and neurocognitive disorders such as dementia and Alzheimer’s. The compound is also indicated to stimulate the appetite of people with cancer and HIV.

“These are diseases that are urgent and cannot wait. When you have the first formulation of this on the market, with access, you can treat more pathologies”, says Chulam.

GreenCare expects the product made in Colombia to arrive in Brazil within six months. ANVISA considers that the user must be indicated by the doctor who attends the patient, with an individual evaluation of each case.

Source: Metrópoles

News

Another cannabis-based medicinal product is approved by Anvisa

Medicine is the 15th allowed in Brazil. The medicine will be manufactured in Canada and can be sold, with a prescription, in pharmacies and drugstores.

The National Health Surveillance Agency (Anvisa) approved, this Monday (25), the importation of a new medicinal product based on Cannabis, the Cannabidiol Active Pharmaceutical. The drug can be sold in pharmacies and drugstores, with a doctor’s prescription, through a type B prescription, which has a blue color.

This is the 15th cannabidiol-based product approved for medicinal purposes in Brazil. The product, which will be manufactured in Canada, is an oral solution with a concentration of 20 mg/mL of cannabidiol (CBD), with up to 0.2% of tetrahydrocannabinol (THC).

The measure was published in the Official Gazette (DOU). The delivery of the product must be made by the pharmacist.

Source: G1

Importação de medicamentos à base de cannabis dispara mas prescrições ainda são raras
News

Imports of cannabis-based drugs soar but prescriptions are still rare

Cannabis-based treatments have shown great promise for a number of conditions, such as chronic pain, epilepsy, and multiple sclerosis. As a result, the number of drugs approved by Anvisa that use cannabis as a base, as well as imports, has also been growing.

In all, there are already 14 cannabis-based drugs approved by Anvisa, which can be found in pharmacies here in Brazil. Imports have also risen sharply, from 19,150 in 2020 to 40,191 in 2021, an increase of 109.8% in just one year.

Prescription is still very rare

However, cannabis-based medicines can only be sold with a doctor’s prescription, and this is where the issue starts to get a little more complex. Even with the rise in drug approvals, the number of prescriptions is still relatively low.

According to data from Anvisa, only 2,100 Brazilian professionals are able to prescribe cannabis-based medicines. This number is equivalent to only 0.5% of the total number of doctors currently working in Brazil.

“The medical profession needs to delve deeper into the potential of medical cannabis, because, without knowledge, there is no safety to prescribe”, declared neurosurgeon Flávia Montagner. According to the doctor, the demand for cannabis-based medicines by patients has grown a lot.

Source: Olhar Digital

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