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Brazilian Patent Office communication regarding the Brazilian Genetic Heritage and/or Associated Traditional Knowledge

The Brazilian Patent Office published a statement informing that as of February 27, 2018, a formal Office Action (code 6.6.1) will be automatically issued in all patent applications, requiring applicants to prove the registration and/or authorization of access to the Brazilian Genetic Heritage and/or Associated Traditional Knowledge.

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The Brazilian Patent and Trademark Office (BPTO) and the Japan Patent Office (JPO) sign an Undertaking to establish a Pilot Program between Brazil and Japan

The President of the Brazilian Patent and Trademark Office (BPTO), Mr. Luiz Otávio Pimentel, and the President of the Japanese Patent Office (JPO), Mr. Yoshinori Komiya, signed on March 16, 2017 in São Paulo, Brazil, a Joint Undertaking to formalize a Pilot-Project for a Patent Prosecution Highway (PPH) between Brazil and Japan. The document was signed during a conference about Intellectual Property cooperation between the two countries.

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End of the Impasse Between Brazilian PTO and ANVISA

(Related to the granting of pharmaceutical patents)

After years of an impasse between the Brazilian Patent and Trademark Office - BPTO and the Brazilian Health Regulatory Agency – ANVISA, both entities have recently reached an understanding regarding the procedures to be followed by each one in the analysis of pharmaceutical patent applications.

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The 11th Edition of the Nice Classification (NCL 11) comes into force

The World Intellectual Property Organization (WIPO) continuously makes updates and improvements on the Nice Classification of Products and Services – NCL, for the benefit of trademark applicants worldwide.

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Apostille replaces consular legalization of documents

By means of Decree No. 8660, of January 29, 2016, Brazil enacts The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (also known as the Hague Convention or the Apostille Convention) establishing the exemption of consular legalization and notarizations to validate signature authenticity on contracts, invoices and other documents issued abroad. Thus, said Decree, which came into force on August 14, 2016, replaces the consular legalization and introduces the apostille proposed by the Hague Convention for all signatories thereof.

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Brazilian Bar Association - Creation of the special committee on intellectual property

An important act to the Intellectual Property area was recently formalized in Brazil. Ordinance No. 182/2016 of the Brazilian Bar Association (OAB) creates the Special Committee on Intellectual Property and designates Ricardo Bacelar Paiva as its President. The ordinance was issued by the Federal Council of OAB on July 19, 2016. 

Fonte: Bhering Advogados

Transfer of Technology – Withholding Income Tax and Cide-royalties

Technology Transfer Agreements: Contribution to Corporate Capital through the acquisition of Know-How is subject to taxation in Brazil

In February 2016 the Brazilian Federal Revenue has issued an official decision (Solução de Divergência No. 6 – Cosit) establishing that the contribution to corporate capital through the acquisition of Know-How from a non-resident is subject in Brazil to 15% (fifteen per cent) as Withholding Income Tax and 10% (ten per cent) as Contribution of Intervention in the Economic Domain – CIDE royalty tax. The decision clarifies previous questioning on the matter.

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INPI - Suspension of Resolution No. 161/2016 about Trademark Registration Disclaimers

The President of the Brazilian INPI, Luis Otávio Pimentel, temporarily suspended the application of Resolution No. 161/2016, which had entered into force on February 23, 2016, dealing with trademark registration disclaimers. The decision of the INPI granted the request by Brazilian Intellectual Property Associations ABPI, ABAPI, ASPI, as well as by the Intellectual Property Commission and Piracy of the Brazilian Bar Association (Rio de Janeiro Chapter).

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INPI's Normative Instruction No. 49 / Registration Certificates of Computer Programs

Normative Instruction No. 49 came into force on March 1, 2016 regarding Registration Certificates of Computer Programs.

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Brazilian INPI joins TMclass

On January 19, 2016 the Brazilian Trademark Office joined TMclass, the trademark search tool of the Office for Harmonization in the Internal Market (OHIM) located in Alicante, Spain.

This cost-free system allows the translation and classification of products and services searching through the data of 58 TMclass affiliated offices, including the Brazilian Trademark Office. Thus, the system provides the appropriate classification for the intended product or service and verifies the classification used by the other offices, which greatly optimizes the process of each application.

By the end of February 2016, the Brazilian Patent and Trademark Office intends to join the international trademark search system TMView and also DesignView (industrial designs) in October this year.

More information can be found (in Portuguese) at http://www.inpi.gov.br/noticias/inpi-adere-a-plataforma-para-busca-de-marcas-que-integra-58-paises.

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