Edition: 189 | Month: March | April | Year: 2024
Summary
6
Editor note’s
By Laetitia d’Hanens, Maitê Cecilia Fabbri Moro and Ana Carolina Cagnoni
7
News about the intervention of the Brazilian Patent and Trademark
Office – INPI in contracts between individuals – The expected reduction of bureaucracy
By Márcio Junqueira Leite, Ricardo Sichel and Debora Lacs Sichel
This article examines the evolution of the intervention by the Brazilian Patent and Trademark Office – INPI in contracts between private parties involving industrial property rights, notably technology transfer. The article discusses how the INPI adopted an excessively bureaucratic and discretionary stance, which, although had jurisprudential support, hindered and limited private negotiations. The article also highlights the legislative and regulatory changes that occurred from 2017 onwards, especially the Economic Freedom Law, the New Exchange Framework,
and the New Transfer Pricing Law, which reduced the role of the INPI and allowed greater flexibility and legal certainty for the parties involved. Finally, the article comments on the recent INPI ordinances that reduced bureaucracy and enabled the annotation or registration of contracts establishing the license of non-patented technology and the remuneration for the license of trademark, patent, and industrial design registration requests.
Keywords: Intervention. INPI. Private Agreements. Reduction of Bureaucracy.
27
Catalysis of CO2 to alcohols as a sustainable alternative: patent monitoring in the national scenario
By Julia Mello Sandes
In a scenario of a society that is increasingly committed to sustainability, the conversion of carbon dioxide into alcohols is gaining prominence in studies by universities and companies in the energy and chemical sectors. In this context, a technological monitoring of the subject matter in the database of the National Institute of Industrial Property (BRPTO) allowed the performing of a national overview considering Brazil as a country receiving patent applications in the area of interest. As a result, propanol, butanol and methanol are the most studied types of alcohols and the most used catalysts are based on Cu/Zn/Al oxides, being able to present promoters and different ranges of mass compositions, with the United States leading the ranking of countries to which applicants belong, related to the subject matter up to the present moment, but also with participation of two Brazilian public institutions.
Keywords: Carbon dioxide. Catalysis. Alcohol. Patents. BRPTO.
51
Patent term adjustment in Brazil: the formation of a stance by the brazilian judiciary
By Gabriel Leonardos, Lucas Ribeiro Vieira Rezende and Jorge Enrique de Azevedo Tinoco
The declaration of unconstitutionality of the sole paragraph of article 40 of Law no. 9,279/1996, by the Brazilian Federal Supreme Court, in the judgment of the Direct Unconstitutionality Action no. 5,529/DF, filed by the Brazilian Attorney General under the interpretation that the norm was incompatible with the time-limitations of industrial property titles, as stated in the Federal Constitution of 1998 (article 5, XXIX), brought forth a series of lawsuits in Brazil filed by patent owners in an attempt to adjust (incrementally) the term of their patent titles. Based on the foregoing, through this study, we aim to present the manner in which the Brazilian Judiciary, especially the Federal Supreme Court, has behaved when faced with such lawsuits and what are the future expectations in what pertains to the Judiciary’s stance on this matter.
Keywords: Patents. ADI 5529. Law no. 9,279/1996. Patent Term. Adjustment.
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The challenges of obtaining trademark registration in Brazil: an analysis of the main factors for not obtaining trademark registration between 2018 and 2022
By Marcelo Porto Neves and Sergio Lucena
A trademark is a distinctive sign of products and services and its registration takes place through upon the granting decision published by the National Institute of Industrial Property (INPI). According to the INPI bulletins, only 55.04% of the registration requests that had their decisions published by this federal authority, in the period between 2018 and 2022, were granting decision. In this context, we seek to analyze the reasons for reasons for not obtaining the granting decision in the aforementioned period and also to assess the possible administrative and judicial developments of a trademark registration application. As a result, it is important for natural and legal entities to plan their Intellectual Property (IP) protection in order to distinguish their products and services from their competitors in the competitive entrepreneurship environment, including the prior preparation of a clearance search to avoid punitive legal and financial consequences.
Keywords: Intellectual Property. Trademark. Entrepreneurship. Clearance search. Punitive consequences.
82
CSD-ABPI: Arbitration as an Alternative to Resolve Intellectual Property Disputes
By Luiz Edgard Montaury Pimenta and Pablo Torquato
Arbitration. Intellectual Property. Dispute Resolution. Alternative Dispute Resolution (ADR). Patent Disputes. Trademark Disputes. Copyright Disputes. Mediation. Arbitral Tribunal. Arbitration Clause. IP Law. Arbitration Process. Confidentiality. Arbitration Agreement. Enforcement of Awards. International Arbitration. Jurisdiction. Cost-effectiveness.