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BPTO publishes regulation for the use of geographical indications

The BPTO made available in its official page the regulations for the use of geographical indications by region from Brazil and abroad. The initiative is part of the BPTO’s Action Plan for 2018, which provides for the implementation of measures that promote the Institute’s operational efficiency. Access can be made directly through the Basic Geographical Indication (GI) Guide, in step “2. Prepare the documentation.” In this new space, the user may have access to the regulation corresponding to their GI registration, either in the indication of origin or in the designation of origin. Currently, there are 66 regulations for the use of geographical indications registered in the BPTO, national and foreign. New records of geographical indications will be soon announced by the institute. The complete regulation can be found here (In Portuguese). *Translated and adapted from the BPTO’s official webpage. For the original publication (in Portuguese) click here

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BPTO publishes new PPH phase with the USPTO

The Patent Prosecution Highway (PPH) pilot project with the US Patent and Trademark Office (USPTO) will enter in its second phase, beginning from May 10, 2018, to April 30, 2020. The measure was published in the BPTO’s official Bulletin nº 2470, last Tuesday (May 8th). The area of information technology was included in the project, besides technologies already contemplated (oil, gas, and petrochemical). The current phase will also allow 50 patent applications to be included in the priority list of PPH from the preliminary opinion obtained by the Patent Cooperation Treaty (PCT). During the period of its validity, a total of 200 applications will be accepted in each country. The applicant may require one PPH application per month, except during the last 30 days of the program. By PPH, Brazilians can use the result of the examination of the patent application in the BPTO to accelerate the analysis in the…

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BPTO grants Geographical Indication for Cheese and Cocoa Almonds

The BPTO granted on April 24, the registration of Geographical Indication (GI), for the product “Cheese” of the Witmarsum Colony. The region corresponds to the delimitation of the former Cancela Farm, in the district of Palmeira, Parana. Currently, the 20 tons of cheese produced per month supply markets throughout Parana and in several Brazilian states. GI was granted on behalf of the Cooperativa Mista Agropecuaria Witmarsum Ltd. In the BPTO’s official Gazzete No. 2468, another GI was also granted for the product “Cocoa almonds” from the South of Bahia. The protected geographical area includes more than 80 cities in the region. The importance of the cocoa economic activity in the south of Bahia is historical, having been initiated in the middle of the XVIII century. In recent years, new generations of farmers have introduced innovations in farming methods and agricultural management, such as “fine cocoa” initiatives. The GI was requested…

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Brazilian PTO discusses cooperation actions with Russia

Representatives from the Brazilian PTO attended a meeting with the general director of the Russian Federal Office for Intellectual Property (ROSPATENT) to discuss the next steps of cooperation between the two offices in the field of industrial property. The meeting took place on April 17, during the “International Conference 1.0 on Digital Transformation: Intellectual Property and Blockchain Technologies”, held in the Russian capital. During the meeting, a work plan for 2018 was defined, which includes actions such as the access to the Russian patent base and the PatSearch search tool; the introduction to ROSPATENT of BPTO’s computer program registration system; the ROSPATENT delegation visit to the BPTO for exchange of information on patent examination; the realization of bilateral meetings to exchange experiences and discussions on specific IP issues; and the participation of BPTO in ROSPATENT’s event. The two offices also discussed topics related to internal management, second instance administrative jurisprudence…

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BPTO and DKPTO signed an agreement to establish a Pilot Prosecution Highway (PPH)

Representatives of the BPTO and the Danish Patent and Trademark Office (DKPTO) signed a cooperation agreement on Thursday (12) to establish a Patent Prosecution Highway (PPH) pilot project. Through PPH, Brazilians will be able to use the result of the examination of the patent application by the BPTO to accelerate the analysis in Denmark and vice versa. In this pilot phase, up to 100 patent applications per year in each country will be accepted by the PPH. The agreement will be valid for two years, covering the enrollment of 200 applications in the program in each office. In the PPH pilot, the BPTO will only accept applications for patents related to mechanical engineering, lighting, heating, weapons and explosion, excluding any applications in the pharmaceutical segment. The DKPTO will accept patent applications from any technological field. In addition, the BPTO will limit the participation of one applicant for application per month,…

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The Brazilian Agency for Industrial Development announces a new BPTO

The Brazilian Federal Government is modernizing the Brazilian Industrial Property System. In collaboration with national and foreign partners, the Ministry of Industry, Foreign Trade and Services and the Brazilian Industrial Development Agency (ABDI) have implemented a series of measures to become more agile and efficient in the process of analysis and grant of patents by the Brazilian Patents and Trademarks Office (BPTO). In addition to investments in infrastructure, the government will create a simplified system for patents acceptance. The expectation is to attend about 204 thousand patent applications throughout the year 2018, significantly reducing the backlog of the institution. In the last three years, the BPTO’s productivity has grown considerably, reaching record levels. In 2017, the institute closed the year with more decisions than applications reducing the backlog of patents (7.6%), trademarks (14.9%) and industrial designs (26%). This January, the ABDI and the BPTO signed a Cooperation Agreement to reformulate…

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BPTO and UKIPO signed an agreement to establish a Pilot Prosecution Highway (PPH)

During the 10th meeting of the UK-Brazil Joint Economic and Trade Committee (JETCO) held in London, representatives of the Brazilian PTO and the United Kingdom Intellectual Property Office (UKIPO) have signed an agreement that may accelerate the analysis of patent applications. The agreement includes a pilot project of bilateral Patent Prosecution Highways (PPH). The programme, which will commence in the third quarter of 2018, builds on work initiated under the UK-Brazil Memorandum of Understanding on IP. It will support UK and Brazilian businesses via prioritized examination of patents already granted by one of the offices. On average, the deadline is reduced from about 10 years (complete procedure) to nine months (time until the examination after entering the PPH). According to the Minister of Industry, Foreign Trade and Services, “patents granted with agility are essential to stimulate innovation and competitiveness of companies, including those who intend to invest in the foreign market….

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BRICS countries sign joint declaration on cooperation in Intellectual Property

Representatives from South Africa, Brazil, China, India and Russia signed a joint statement reaffirming cooperation among the countries in the field of Intellectual Property during the 10th Meeting of BRICS Heads of Intellectual Property Offices, held in Chengdu, China. According to the joint declaration, signed on March 26, the main goals of this cooperation are: to promote the development of IP in the five countries; provide better services for users and the general public; and strengthen the participation of BRICS in the development of the global IP system. In this context, the document addresses topics such as the exchange of experiences on IP legislation; public awareness of the importance of IP so that it is increasingly used, especially by micro, small and medium-sized enterprises; the encouragement of the training of examiners in the area of IP; strengthening the dissemination of IP information; and the cooperation of the BRICS in international forums….

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BPTO and UKIPO launch Lambert Toolkit

The Brazilian Patent and Trademark Office (BPTO) and the United Kingdom Intellectual Property Office (UKIPO) launched during a workshop at the Federal University of Mina Gerais, the Lambert Toolkit, that contains samples of contracts for technology transfer in Brazil. The Lambert Toolkit is an instrument created by the British government to facilitate cooperation agreements for development and technology transfer between universities and companies. The initiative also aims to reduce time, money and effort required to secure these agreements and provide examples of best practice. The kits, which have been translated and adapted to the Brazilian legislation, are included in a cooperation agreement signed between the BPTO and UKIPO. The Lambert Toolkit will be available soon (in Portuguese) at the British Government website https://www.gov.uk/. *Translated and adapted from the BPTO’s official webpage. You can check the official publication (in Portuguese) here 

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The Future of IP

It has become emblematic, in the first decades of the XXI century and with the gradual growth of the demand for services in Intellectual Property before the national IP offices, the initiative from many governments and international institutions to find means for the reduction of backlogs and the time spent by the applicant in obtaining a Letter Patent or a Certificate of Registration. The first step in this painful process is to first recognize, in a national level, that a country that aims to be recognized as a strategic market cannot take a decade or so to grant a document to an applicant that will give him exclusive right over an IP asset; mostly because the expectation of rights (for the Patent, at least) usually is not enough to convince investors or other economical agents that may be interested in the asset. For the trademark, it’s even worse: only a Certificate is really…