In an open letter recently sent to the Ministry of Economy, the ABPI – Brazilian Association of Intellectual Property, along with other entities, expresses “concern about the possible weakness in the functioning of the industrial property system in Brazil, in light of the delicate structural situation in that the agency responsible for granting industrial property rights in Brazil (INPI) is found” and asks for measures in this regard.
The document highlights the vote of Justice Dias Toffoli, of the Federal Supreme Court, in the recent judgment of ADI 5529 “when he explicitly called for such a need to equip the INPI”, and makes reference to the rule in article 239 of the Industrial Property Law , which authorizes the Executive Power “to promote the necessary changes in the INPI to ensure the body’s financial and administrative autonomy” of the body.
In the communiqué, there is recognition of INPI’s efforts to address “the historical problem of the patent backlog”, with the caveat that the system “still presents an excessive delay in relation to the time of examination and granting by equivalent bodies in the vast majority of countries – There is an urgent need for investment to equip the body which, it should be noted, has a surplus”.
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