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: Exports will have $ 10 billion more

Much has been said about the free market agreement between Southern Common Market and the European Union and what are the impacts on the Brazilian economy. According to the National Confederation of Industry (CNI), the deal could add nearly $ 10 billion in exports from Brazil to the EU. Negotiated for over 20 years, it represents the largest trade pact ever signed by both parties, with the creation of a market of 780 million consumers.

Brazil exported more than US $ 42 billion to the EU in 2018, approximately 18% of the total exported by the country. This means that reducing tax rates and legislation, the deal offers even greater business opportunities for domestic companies. However, the pact also underscores the need for change in the policies of national companies.

According to Rodrigo Zambon, the subregional director of TMF Group in Brazil, the deal will take some time to go into effect, giving companies the time to make adjustments. “The deal still needs to go through 28 countries, so the time to prepare your business without getting hurt is now,” he added. Check out the 5 main characteristics that must be adopted by Brazilian companies so that they can actively participate in the agreement.


All imported food must comply with EU standards – the rules apply to all products sold in the EU, whether domestically produced or imported, so Brazilian companies need to ensure that they comply with all rules. For example: ensuring appropriate and transparent information about source, content, and labeling.


Commitments on labor inspection, health, and safety at work – Companies wishing to make trade agreements in EU countries must ensure that fundamental labor rights, as defined by the International Labor Organization (ILO), are fulfilled and respected.


Trade agreements should not come at the expense of the environment – under the agreement, companies must promote sustainable development and agree not to lower environmental standards to promote trade and attract investment. The agreement also incorporates the so-called “precautionary principle”. If there is any suspicion of deforestation or the use of pesticides not allowed in the EU, the economic bloc can veto the importation of the Brazilian product, even when the scientific analysis is not conclusive.


Strong intellectual property rights provisions – Brazil has committed to updating its intellectual property law based on international standards of legislation. Examples of this strategy are the copyright section and the trademark section, which companies will have to abide by.


Transparency and the use of international standards – Different technical regulations and rules/standards for products from other markets can be a major obstacle for exporters because they impose extra costs for adaptation. The agreement promotes transparency and the use of international standards to facilitate market access while protecting the levels of protection that each party considers appropriate.

For Zambon, beginning to understand and implement action plans will create a competitive advantage when the deal goes into effect. “Companies that start updating their policies will now have more time to adapt and probably less costs to implement than those leaving at the last minute,” he said.


News from: Diário da Amazônia

INPI and EPO extend their cooperation

The Brazilian Patent Office (BPTO) and the European Patent Office (EPO) agreed on July 17, 2019 to work on broadening their cooperation. EPO President António Campinos and BPTO President Claudio Vilar Furtado signed a Joint Declaration in this regard at a bilateral meeting held during an event between the EPO and the IP offices of the Community of Portuguese Speaking Countries held in Munich, in Germany. They also signed an agreement renewing BPTO’s access to the EPOQUE Net database, an EPO patent search tool with more than 1.3 billion references.

In the Joint Statement, the Officers agreed to work on a Memorandum of Understanding to establish a pilot project, to strengthen the capacity to search and examine patent applications in the BPTO.

After the ceremony, Campinos highlighted the importance of cooperation with BPTO: “I am pleased to sign this Joint Declaration today since traditionally Brazil has been an important cooperation partner for the EPO in Latin America. BPTO has a great deal of expertise in the patent granting process and, with today’s signature, we are paving the way for a closer relationship between offices, benefiting businesses in both regions. ”

Along the same lines, Furtado said: “BPTO welcomes the expansion of the partnership with the EPO. This is an essential step in the modernization of the Institute, the pillar of Brazilian development, to make it a world-class player in industrial property. ”

Cooperation between BPTO and EPO began in 2000, with a first technical cooperation project between offices. This was followed by a series of bilateral agreements extending cooperation to include BPTO access to EPOQUE Net (in 2005) and, in 2017, a joint Patent Prosecution Highway (PPH) pilot program, which allows applicants to request priority treatment for their pending patent applications at BPTO and EPO.

About EPO

With 7,000 employees, the European Patent Office (EPO) is one of the largest public service institutions in Europe. Headquartered in Munich and with offices in Berlin, Brussels, The Hague and Vienna, the EPO was founded to strengthen patent cooperation in Europe. Through the centralized patent granting procedure of the EPO, inventors can obtain high-quality patent protection in up to 44 countries covering a market of about 700 million people. The EPO is also one of the world’s leading patent information and search authorities.


News from: BPTO

After Mercosur-EU, Brazil negotiates other international trade agreements

The agreement between Mercosur and the European Union, signed at the end of June, may be the beginning of a series of new international trade treaties involving Brazil. The special secretary of Foreign Trade and International Affairs, Marcos Troyjo, recently reported that new agreements, with other countries and blocs, are under negotiation.

The countries involved are the United States, Japan, South Korea and Efta, a bloc of countries comprising Switzerland, Iceland, Norway, and Liechtenstein. This block is not part of the European Union. For Troyjo, the agreement with the European Union brings a “new model of economic development and international insertion” for Brazil.

Speech aligned with that of the Foreign Minister, Ernesto Araújo, who also stressed the new vision of “international insertion” of the country. “This agreement [Mercosur-EU] unlocks and accelerates other negotiations, we intend very soon to close new agreements. I think we have the condition to close two more agreements this semester, at least”, the foreign minister said at a press conference.

He added Singapore to the list of ongoing negotiations. The minister believes that over a two-year period, the government will create a “very dense network of trade agreements with major economies, technological hubs”.

Currently, Mercosur has two free trade agreements signed with Egypt and Israel. The two already validated by Brazilian presidential decrees. Brazil has signed a free trade agreement with Chile, but the process has not yet begun. International agreements before they come into force need congressional endorsement.

According to the technical area of the Ministry of Economy and Foreign Trade, “there is great interest in closer economic-trade ties with Japan and the United States, but there is no negotiation of a trade agreement in progress at this time”, despite what the minister said and the special secretary. All agreements under negotiation are via Mercosur.


The agreements cover several areas ranging from trade in goods and services to intellectual property, according to the ministry. Among the impacts, it is expected that, as of the closing of the agreements, it will be possible to “eliminate import tariffs for substantially all trade between the parties and reduce non-tariff barriers, generating additional increases to the Brazilian GDP.”

Countries under negotiation:

United States
  • GDP: US $ 21.06 trillion (first quarter of 2019)
  • Population: 329.2 million
  • Income per capita: US $ 59,800 (2017)
  • 1st world economy

Brazil intends to take advantage of the timeframe of the Trade Promotion Authority – a document that the US Congress grants the Executive to negotiate international agreements, valid until July 2021 – to accelerate negotiations with the United States, said Marcos Troyjo, in an interview with the BBC Brazil.

  • GDP: $ 4,873 trillion (2017)
  • Population: 126.1 million (July / 2018)
  • Income per capita: US $ 42,900 (2017)
  • 3rd world economy
South Korea
  • GDP: US $ 1.54 trillion (2017)
  • Population: 51.4 million (July / 2018)
  • Income per capita: US $ 39,500 (2017)
  • 11th world economy

Negotiations on an agreement between Mercosur and South Korea began in May 2018 and are in the initial phase. Two rounds of negotiations were held.

  • GDP: $ 1,653 trillion (2017)
  • Population: 35.8 million (July / 2018)
  • Income per capita: US $ 48,400 (2017)
  • 10th world economy

According to the Ministry of Economy and Foreign Trade, negotiations for this agreement were announced on March 9, 2018, in Asuncion, Paraguay. The negotiations are advanced. Six negotiating rounds have already been held – the most recent in June this year.

  • GDP: US $ 323.9 billion (2017)
  • Population: 5.9 million (July / 2018)
  • Income per capita: US $ 94,100 (2017)
  • 35th world economy

A round of negotiations was held with the country and the expectation of completion is 2020, according to the ministry.

Efta – European Free Trade Association
  • Switzerland, Iceland, Norway, and Liechtenstein
  • The four countries together bring together 13.7 million people
  • GDP of the block: EUR 963.9 million

    A Joint Declaration between the blocs was signed on January 19, 2017, to complete the exploratory dialogues on free trade. As of June this year, nine negotiation rounds have been held and some chapters of the agreement have already been finalized.

The dialogue with Efta began in December 2000, when the Joint Mercosur-EFTA Committee emerged. The bloc already has a free trade agreement with Costa Rica, Panama, Guatemala, Mexico, Chile, Colombia, Ecuador, and Peru.

Block Negotiations

  • Efta with Brazil
    Imports: EUR 1,906 million
    Exports: EUR 2,671 million
  • Efta with Mercosur
    Imports: 2,093 million euros
    Exports: 3,696 million euros
  • Efta Worldwide Businesses
    Imports: EUR 255,3 million
    Exports: 310.7 million euros


News from: Gazeta do Povo


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

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

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. They also contribute to attracting investments to Brazil. “

The BPTO estimates that up to 100 patent applications per year may be included in the project. The technological fields will still be defined by the two institutes. Currently, Brazil has PPH projects with the United States, Japan, China, the European Patent Office and the Latin American countries (Prosur).

*Translated and adapted from the BPTO’s official webpage. You can check the official publication here

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.
*Translated and adapted from the BPTO’s official webpage. You can check the official publication (in Portuguese) here