Brazilian government announces a plan to accelerate the analysis of patent applications

The Ministry of Economy announced on Wednesday (July 3) measures to reduce the number of patent applications for analysis (backlog) by 80% by 2021 and reduce to approximately two years the BPTO’s average grant of patents term.

Economy Minister Paulo Guedes had participated in the launch of the Patents Backlog Combat Plan and said that the government is making important advances to stimulate the industry, increase the productivity and competitiveness of the Brazilian economy in the future. “We are in the knowledge economy, these intangible values such as patent law, trademark, property law are increasingly important,” he said.

According to the special secretary of Productivity, Employment and Competitiveness of the Ministry of Economy, Carlos da Costa, today, the backlog reaches 160 thousand applications. “We have patents being assessed now that they were deposited 11 years ago. Imagine a technology today, in the digital age, where everything is very fast, and 11 years later the patent is no longer so relevant, “he said.

For Costa, with the agility in granting patents, Brazil should stimulate innovation and become more competitive and integrated globally. He explains that in addition to preserving the right of the investor, the patent guarantees the dissemination of new technologies and allows other researchers to develop other patents.

The main novelty will be the analysis of national or foreign patent applications, which have already been evaluated in another country (80% of those in the queue). As of this month, BPTO will incorporate to the examination of these requests the search of patents realized abroad. In the case of patents that have not yet been evaluated abroad, the search will be made by the BPTO examiner.

According to the secretary, it is not an automatic patent authorization, but the use of the analyzes made in other countries. “The patent review processes were too long and had a lot of rework – many of these patents had already been granted internationally and started from scratch here. Now, let’s start from certain patent bases already recognized or already registered, “explained Costa.

The Patents Backlog Combat Plan does not include applications that received third-party subsidies or those with priority examination requirements. The use of the priority examination modalities of patent applications in the BPTO already allows the granting of patents in reduced terms, in about eight months.

Priority examinations benefit groups such as the elderly, micro and small businesses, science and technology institutions, green technology developers and participants in the Patent Prosecution Highway (PPH) – a project between national/regional patent offices in which a country takes advantage of the exam the partner to perform their analysis.

Madrid Protocol

During the event, Minister Paulo Guedes spoke about Brazil’s accession to the Madrid Protocol, an international treaty that facilitates and reduces the cost of registering Brazilian companies’ brands in other countries. “This will greatly stimulate the Brazilian industry, reciprocal recognition of brands, increase the competitiveness of Brazilian products abroad,” he said, noting also the possibility of more investments for the country with the recognition of foreign brands in Brazil.

Guedes also highlighted the cooperation of the Legislature to move Brazil’s accession to the protocol, which had been standing for 16 years in the Chamber of Deputies. The adhesion to the protocol was approved in the Congress in May of this year and signed by the president Jair Bolsonaro last week. The agreement, administered by the World Intellectual Property Organization (WIPO), was adopted on June 27, 1989, and has been in effect since 1996 in other nations.

According to the Ministry of Economy, the adhesion to the term was delivered today at WIPO. With this, the new system starts operating in October at BPTO. Brazilian companies will be able to simultaneously register their trademarks in 102 countries signatories of the agreement, presenting documentation only in Brazil, with the BPTO.

 

News from: Agência Brasil

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.

Budweiser

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).

Multilateralism

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.

Ratification

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

INPI is a partner in a meeting promoted by the Ministry of Agriculture

The Brazilian Ministry of Agriculture, Livestock and Food Supply is organizing the Workshop on the Recognition of Brazilian Geographical Indications (IG) in the European Union on 24 and 25 June in Brasilia.

The meeting will be attended by consultant Liliana Locatelli, who will address the Geographical Indications system in Brazil, and the Portuguese consultant Ana Soeiro, who will present the procedures for GIs protection of third-country in the European Union.

The program also includes lectures on the structure, control and traceability procedures of GI of the São Matheus (erva mate) and Cerrado Mineiro Region (coffee), as well as a panel where the promotion of Brazilian products abroad will be discussed.

According to the Secretariat of Innovation, Rural Development, and Map Irrigation, it is essential that the Brazilian GIs have a strategy to reach the international market, so the event is aimed at producers and technicians linked to potential and registered Geographical Indications.

The workshop is foreseen in the Map project within the framework of the European Union-Brazil Sectorial Dialogues, with the partnership of the Brazilian Service of Support to Micro and Small Enterprises (Sebrae), the National Institute of Industrial Property (INPI), the Ministry of Economy(ME) and the European Union Delegation in Brazil (Delbra).

Registration is limited and can be made until the 19th (Wednesday).

IG
Geographical Indications (GIs) are important instruments of differentiation and valorization of products and their regions, enabling the aggregation of value and reach to quality markets, in a globalized world characterized by competition in agrifood chains.

The GIs characterize products differentiated by their typicality, quality, tradition, and culture in production. It is an intellectual property asset recognized and valued internationally, mainly in the European Union. Countries like France, Italy, Spain, and Portugal have several products registered as a geographical indication and their consumers recognize and value these products, as well as being their main products exported.

For more informations:
General Coordination of Social Communication
Inez De Podestà
press@agricultura.gov.br

News from: MAPA GOV

Brazil discusses marijuana cultivation release for medical and research purposes

The National Health Regulatory Agency (Anvisa) discussed on Tuesday, June 11, 2019, the legalization of marijuana cultivation and production in the country for medical and scientific purposes. Currently, cannabis planting, the plant’s scientific name, is banned in Brazil. However, but some groups and associations have obtained judicial decisions for the cultivation of marijuana in Brazil.

The board of Anvisa discusses the possibility of bringing to the public consultation two proposals under analysis since 2017. The first that creates rules the cannabis planting in Brazil for research and production of medicines. A second on the criteria for registration, monitoring, and marketing of these products.

Currently, in the country, the agency already authorizes applications for the importation of oils and drugs mainly based on cannabidiol, the most common marijuana substratum in drug production. Currently, only the production of a drug is allowed in the country.

The use of marijuana derivatives is more common in degenerative diseases like Parkinson’s disease and multiple sclerosis up to some levels of autism and cancers.

If both opinions of the technical consultancy of Anvisa are approved, the proposals will be taken to the public consultation. After this stage, the technicians finalize a final project that will have to be voted by the Agency’s board again. There is no estimate yet when the technical standard could take effect.

Prohibition inhibits research and new herbal medicines

According to the president of Knox Medical, Mario Grieco “The lack of regulation and the prohibition of local cultivation of cannabis inhibit the research and the development of innovative medicines based on the herb in Brazil”. In addition to the economic benefits, local production could enable more than two million patients to use the herb in the treatment of various diseases. “We have a repressed market of potential users, but it will expand as studies into new indications for medical cannabis are completed,” he says.

According to the president of ABPI, Luiz Edgard Montaury Pimenta, bureaucratic issues in Brazil have hampered the pace of innovation by companies in the national market. “The recovery of the country’s economy is strongly linked to investments in innovation,” says Pimenta.

Data from a recent economic study on cannabis produced by Green Hub in partnership with New Frontier Data will be analyzed by Mario Grieco during the 39th International

Congress on Intellectual Property of the Brazilian Association of Intellectual Property (ABPI) from August 25 to 27, in Rio de Janeiro. According to him, there are over six thousand studies in progress in the laboratories, which exceed US $ 1 billion per year, on the use of cannabis.

The event, the largest of its kind in Latin America, is expected to receive around 1,000 participants, including experts, magistrates, consultants, lawyers, government officials and heads of international entities – such as the CTA – China’s intellectual property AIPPI – International Association of Intellectual Property -, as well as private research centers.

 

News from: Estadão and DCI

The Brazilian PTO implements PPH Program with the UKIPO

The BPTO published on July 24, 2018, the Rule #222/2018 implementing the PPH Pilot program with the UKIPO, that intends to speed up the examination of pending Brazilian applications with an application from the same nature allowed by the UKIPO.

The Program will accept applications belonging to patent families whose earliest application has been filed at the BPTO or the UKIPO or, in case of a PCT application, the BPTO or UKIPO was the receiving office.

The program will accept application from the technical field of “Biotechnology”, ” Machinery and electrical devices, energy “, “Audiovisual Technology”, “Telecommunications”, “Digital Communication”, “Basic Communication Processes” , “Computer Technology”, “IT Methods for Management” and “Semiconductors”. The application must be classified under the IPC codes list to be accepted, with the exception of drug-related applications which are not allowed in this program .

The table below summarizes the International Patent Classifications accepted by this program:

TECHNICAL AREA IPC CODE
Biotechnology (C07G, C07K, C12M, C12N, C12P, C12Q, C12R, C12S) except A61K
Machinery and electrical devices, energy F21#, H01B, H01C, H01F, H01G, H01H, H01J, H01K, H01M, H01R, H01T, H02#, H05B, H05C, H05F, H99Z
Audiovisual Technology G09F, G09G, G11B, H04N-003, H04N-005, H04N-009, H04N-013, H04N-015, H04N-017, H04R, H04S, H05K
Telecommunications G08C, H01P, H01Q, H04B, H04H, H04J, H04K, H04M, H04N-001, H04N-007, H04N-011, H04Q
Digital Communication H04L
Basic Communication Processes H03#
Computer Technology (G06# except G06Q), G11C, G10L
Information Technolgy Methods for Management G06Q
Semiconductors H01L


To be accepted on the BPTO-UKIPO PPH Pilot Program, the application must:

i) Have been filed for more than 18 months or published by the WIPO (when applicable);
ii) Have the corresponding technical exam duly paid; (in case of divided patent applications, they must request priority procedure to all of them);

The participation of the application in the BPTO-UKIPO PPH Pilot Program shall be requested by any or all the applicants.

The BPTO-UKIPO PPH Pilot Program starts on August 01, 2018 and will receive applications up to July 31, 2020. Each applicant can only file one patent application per month, except during the last month of the project, when there will be no limit of number of applications for applicant. The project is limited to 100 applications accepted into the BPTO-UKIPO PPH program per year (limit of 200 accepted applications during the entire program).

Amongst other documents requested by Rule #222/2018, the applicant must submit with the application, documents proving that the application meets the requirements; a table including the correspondences between the BR application claims and the UK allowed claims and a copy of non-patentary prior art documents.

The BPTO will evaluate the applications according to its request date, and applications that do not meet the requirements will either be given the opportunity to correct any irregularity, case in which the BPTO will issue an office action which must be replied to within 60 days, or be denied participation in the PPH Pilot Program, case in which it will return to the regular line of examination.

The original Portuguese version of Rule #222/2018 is available here.

Software Registration takes only 7 days for grant using the BPTO’s online application system

Since September 12, 2017, when the new online system for computer program registration has been launched, users rely on a more advanced, secure and fully computerized service. In order to reduce the exchange rate, the average registration reduced from 1,200 days for up to 7 business days. The use of the digital signature also offers greater legal insurance for the user.
The e-RPC system came to reduce the bureaucracy of public services promoted by the Ministry of Industry, Foreign Trade, and Services (MDIC). In Brazil, the computer program registration is carried out by the BPTO and copyrighted in 176 countries that are part of the Berne Convention, which is valid for 50 years.
With the evolution of IT and the substantial increase of investments in the area, there is an increased demand for software protection, given the competition and the unauthorized structure of the intangible asset.
According to the 2017 Brazilian Software and Services market study, launched by the Brazilian Association of Software Companies (ABES) in partnership with IDC (International Data Corporation), points out investments of US $ 38 billion in IT hardware, software and services in Brazil during the year 2017, which makes the country today occupy the 9th place in the world ranking. The survey also indicates a growth of 4.5% in investments compared to 2016, with a highlight of 4.1% in 2018.
*Translated and adapted from the BPTO’s official page. The original publication (in Portuguese) can be found here

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 by the Cocoa Producers Association of Southern Bahia.

Understanding Geographical Indication

The GI registry allows the delimitation of a geographical area, restricting the use of its name to the producers and service providers of the region (generally, organized in representative entities).

The GI denominated “Denomination of Origin” recognizes the name of a country, city or region whose product or service has certain specific characteristics thanks to its geographical environment, including natural and human factors.

The “Indication of Origin” species refers to the name of a country, city or region known as a center for the extraction, production or manufacture of a particular product or the provision of a particular service.

*Translated and adapted from the BPTO’s official webpage. The original publication (in Portuguese) can be found here.

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, except in the last month of the project.

Brazil is the first South American country with which the DKPTO signs this kind of cooperation agreement.

*Translated and adapted from the BPTO’s webpage. The original publication (In Portuguese) can be found here

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 the IT infrastructure and processes to accelerate examination. The agency’s investment was over US$ 10 million.

In addition, the Prosperity Fund of the British Government has also invested in the BPTO, ensuring convergence with international practices. In addition to these Initiatives, a greater number Patent Prosecution Highway (PPHs) – recently signed with the United States, European Union, China, Japan and Prosul (Colombia, Argentina, Chile, Costa Rica, Ecuador, Peru, and Uruguay). An agreement is also being negotiated with Denmark.

* translated and adapted from ABDI’s official webpage. You can check the original publication (in Portuguese) here