Brazil and Denmark sign three agreements to stimulate innovation

Promote partnerships between Brazilians and Danes for innovation activities, including the generation and commercialization of Industrial Property assets, such as patents. This is the main objective of the three agreements signed on Monday, October 7, in Copenhagen (Denmark), by the president of the Brazilian Patent Office (BPTO), Claudio Furtado, with the director-general of the Danish Patent Office (DKPTO), Sune Stampe Sorensen, and with Danish Ambassador to Brazil, Nicolai Prytz.

According to the special secretary of Productivity, Employment and Competitiveness (SEPEC) of the Ministry of Economy, Carlos Da Costa, through the partnership with Denmark, Brazil gives a decisive impulse to expand innovation and, therefore, the competitiveness of Brazilian companies.

BPTO president, Cláudio Furtado, stressed the importance of the agreements to improve the innovation system in Brazil, as well as their positive effects on the economy. “We started a new model to improve the business environment in the country, in addition to promoting the creation and commercialization of Brazilian Intellectual Property in the world market,” he said.

The ceremony was also attended by the Brazilian ambassador in Denmark, Carlos Antonio da Rocha Paranhos. According to him, Brazil can be proud to have Denmark, one of the world leaders in innovation and intellectual property, as the first partner in a broad patent cooperation project.

New partnerships

The first agreement will encourage cooperation between companies from both countries in research, development, and innovation (RD&I). The mapping of potential participants is already being done in many regions of Brazil. One result of this work will be the creation of new patents and other Industrial Property assets in common, that is, involving two or more partners.

The second agreement will speed up the analysis of Brazilian patents in Denmark and vice versa so that these assets can be used effectively in both markets. This will be done through a new Patent Prosecution Highway (PPH) type agreement, broader than the current one. In this PPH model, the result of patent examination done in one country can be leveraged in the other to speed up the process.

Finally, the third agreement involves the next stage of an Industrial Property asset: commercialization. It refers to the IP Marketplace, an online offering and trading platform for these assets, which was developed in Denmark and now has Brazilian adhesion. There are 6,000 registered trademark, patent and industrial design owners from 157 countries.


News from: BPTO

Agreement with the EU must rename products in Mercosur due to the protection of Geographical Indications

The agreement between the European Union (EU) and Mercosur may prohibit the nomenclature of some products in the bloc of which Brazil is part due to the chapter dealing with Intellectual Property Rights. Cognac, such as Dreher, different proseccos and Budweiser beer must have to gain new names because of Geographical Indications (GI), used in commodities that have a specific origin and possess qualities or reputations that are due to that location, and a of the main obstacles in the negotiations that have dragged on for 20 years.

According to a document released on Monday in Brussels, the European bloc will have 355 regional food and beverage products protected by this distinction, while the South American side will have 220 recognized delicacies. This means that nomenclature for non-genuine products of such a GI shall be prohibited and expressions such as “type”, “made in”, “style”, “imitation” or similar shall not be permitted. The agreement protects the misleading use of symbols, banners or images, suggesting a “false” geographical origin.

The term “cognac” is used only for the beverage produced in the Cognac region of western France. All other similar beverages are sold as “brandy”. In Brazil, the term is used interchangeably, but it has to be renamed: protection has been reinforced by the possibility of defending rights through administrative enforcement, including measures taken by customs officials at the border. The applicable sanctions range from court injunctions that prevent unauthorized use for the payment of damages and fines or, in serious cases, imprisonment.

In some cases, transitional periods have been granted to local producers to cease the use of the name within a certain period, which has not been revealed by either party. There are a very limited number of exceptions, under the so-called “grandfathering principle”, which were granted to pre-identified producers who had already sold products with these names on the market for some years. These companies may continue to use the name subject to approval.


In 2010, the European Court of Justice rejected AB InBev’s application to have the region-wide trademark and exclusive use of the Budweiser name for beers and other beverages because Budvar of the Czech Republic owns the trademark rights in the Austria and Germany. Both beers have been around for over 100 years. Budvar maintains that it holds the right because its beer comes from the Czech city Ceské Budejovice, or Budweis, in German. The strategy seems even more sagacious because restrictions are also placed on the marketing of these items with third countries, which may include Brazil.

Protected Products

Currently, the Brazilian Patent and Trademark Office (BPTO) – linked to the Ministry of Economy – recognizes nine denominations of foreign origin, seven of them European. Among the items highlighted by the EU after the signing of the agreement, the new products include Tyrolean ham (Austria), Herve cheese (Belgium), Munich beer (Germany), Comté cheese (France), parma ham (Italy), Polish vodka, São Jorge cheese (Portugal), tokaji wine (Hungary) and jabugo ham (Spain).

On the Mercosur side, some of the products include wines from Mendoza (Argentina), and cachaças from Paraty (RJ), Salinas (MG) and Abaíra (BA). The list of cheeses does not come close enough to the dozens of protected dairy products of Europeans but includes the Canastra and Serro (MG) cheeses, as well as the Witmarsum Colony (PR). Based on the “open lists” principle, the agreement will allow new names, from both parties, to be added after the entry into force.

According to the Ministry of Agriculture, GI’s “identify a product as originating in a country, city, region or locality of its territory, where a particular quality, reputation or another characteristic of the product is essentially attributed to its geographical origin”. They arose as producers, traders, and consumers began to identify that certain products from certain places had particular qualities attributable to their origin. Distinguishing products and services through geographical indications promotes the promotion of the region, adding value and communication to the market regarding attributes of quality, typicality, tradition and cultural heritage.

News from: Correio do Povo

Mercosur and the European Union close the biggest agreement between blocks of the world

The countries of Mercosur and the European Union will form one of the largest free trade areas on the planet from the agreement announced on June 28 in Brussels. Together, the two blocs represent about 25% of the world economy and a market of 780 million people. When considering the number of countries involved and the territorial extent, the agreement only loses to the African Continental Free Trade Agreement, which involves 44 countries in Africa and was signed in March this year. Even so, the European Union and Mercosur made the biggest deal between economic blocs in history, which should boost trade between the two continents.

The free trade agreement will eliminate import tariffs for more than 90% of the products marketed between the two blocs. For products that will not have tariffs eliminated, preferential import quotas with reduced tariffs will be applied. The tariff elimination process varies according to each product and should take up to 15 years from the entry into force of the intercontinental partnership.

According to the National Confederation of Industry (CNI), the agreement reduces, for example, from 17% to zero tariffs on imports of Brazilian products like footwear and increases the competitiveness of industrial goods in sectors such as textiles, chemicals, auto parts, timber and aeronautical. A study by the Confederation shows that, of the 1,101 products that Brazil is able to export to the European Union, 68% face import tariffs. With the opening of the European market for highly competitive Brazilian agricultural products, more investments must be made in the domestic industry itself, as industry data show that agribusiness consumes R $ 300 million in industrialized goods in Brazil for every R $ 1 billion exported.

For the Mercosur countries, a block formed by Argentina, Brazil, Paraguay and Uruguay (and Venezuela, which is suspended), the agreement provides for a period of more than a decade of tariff reductions for products more sensitive to the competitiveness of European industry. In the European case, most of the import duty will be zero as soon as the treaty enters into force.

“This agreement gives new life to Mercosur, which had never negotiated with large countries, but only with small economy nations such as Egypt and Palestine,” said Ammar Abdelaziz, a consultant at BMJ Consultoria.

In the opinion of Ambassador José Botafogo Gonçalves, vice president of the Brazilian Center for International Relations (Cebri) and former Minister of Industry and Commerce of the Fernando Henrique Cardoso government, besides the commercial advantages of the agreement, there is a perspective of better regulatory coordination among countries of Mercosur. “This agreement increases the responsibility of the customs union, which is Mercosur, in the coordination of its macroeconomic policies, of greater convergence in trade policies. Argentina, Paraguay, and Uruguay have to realize that their destination is common,” he says.

Trade and investment

Estimates from the Ministry of Economy indicate that the agreement will represent an increase of the Gross Domestic Product (GDP, sum of all goods and services produced in the country) of US $ 87.5 billion over 15 years, and could reach up to US $ 125 billion if reduction of non-tariff barriers and the expected increase in productivity. The increase in investments in Brazil, in the same period, will be in the order of US $ 113 billion. With regard to bilateral trade, Brazilian exports to the European Union will present almost US $ 100 billion in earnings by 2035.

“With the expansion of the trade agenda, both imports and exports, you favor trade with whom you made an agreement, you create a trade with that part and divert trade with another part. I see it as an important geopolitical strategy, we are less dependent, for example, on the export of commodities to countries like China. If China blocks the market, you have no one to export. Now, this scenario is more favorable,” says economist Danielle Sandi, a professor in the Department of Administration at the University of Brasília (UnB).


Privileged access to the European market is considered to be one of the most complex negotiations to be made, and so the announcement of this agreement creates a positive environment for Mercosur to consolidate further negotiations.

“It is an agreement with one of the most difficult blocs in matters of sanitary or phytosanitary requirements, so I believe it will facilitate negotiations with other countries and blocs, such as those with Canada and the countries of northern Europe,” says Ammar Abdelaziz.

The agreement also legitimizes free trade and multilateralism, which have been under constant attack because of the trade war between China and the United States and the adoption of protectionist measures by various countries. “The agreement can show a breath on this issue of multilateralism. Trade is the main engine of this, but this may be possible in other areas of international relations too,” says Danielle Sandi.

For Ambassador José Botafogo Gonçalves, there is a crisis of multilateralism, so the free trade agreement between the European Union and Mercosur has a fundamental geopolitical weight at the moment. “When it comes to trade multilateralism, which is the goal of the World Trade Organization, we have to recognize that there is a crisis. The world is not ready and I do not know if it is going to go back to the moment before this crisis. occurs, you have to go to regionalism, then the agreement between Mercosur and EU fills a vacuum left by multilateralism” he says.


Even after 20 years of negotiations, there is still a long way to go before the agreement between Mercosur and the EU will actually take effect. This is because the treaty needs to be ratified and internalized by each of the member states of both economic blocs. In practice, it means that the agreement will have to be approved by the national parliaments and governments of the 31 countries involved, a process that will take years and may face resistance.

“There is a tendency for resistance in the parliaments of European countries, especially nationalist parties and also environmentalists,” says Ammar Abdelaziz of BMJ Consultoria. According to him, it is not possible to stipulate a deadline for the end of this ratification by the Europeans. In the Brazilian case, the agreement will now be analyzed by the ministries involved and then sent to the National Congress, where it will process by commissions and will have to approve both the Chamber of Deputies and the Senate. “On average, Brazil takes around three to four years to ratify international agreements, it will not be less than that.”

It is only in the medium term that the more concrete effects of the free trade agreement can be felt by the population in general, such as eventual fall in the price of imported products and, mainly, an increase of investments and growth of the economy. “The prospect of this agreement for ordinary citizens is that the expansion of trade is reflected in the expansion of GDP, and from the growth of the economy there will be more generation of jobs and income and increased revenue for the government,” explains Danielle Sandi of UnB.


News from: Agência Brasil