Newsletter Edition 17 - August 2020


ABPI, ABAPI and the BPTO get together to regulate the IP agent profession

In a webinar held on July 29th, ABPI, the BPTO, and ABAPI (Brazilian Association of Industrial Property Agents) decided to create a Commission to discuss the regulation of industrial property agents. The event was promoted by the three entities and the WIPO (World Intellectual Property Organization) and had the participation of the presidents of ABPI, Luiz Edgard Montaury Pimenta, of the BPTO, Claudio Furtado, of ABAPI, Álvaro Loureiro, and of the Regional Director of WIPO, José Graça Aranha, mediated by the president of the Commercial Association of Porto Alegre and former BPTO president, Paulo Afonso Pereira.

Montaury Pimenta pointed out that the low qualification of some intermediaries, who exercise the power of attorney as industrial property agents at the BPTO increases the patent backlog, and even in the delay in regular exams carried out by the institute. He cited the creation of a quality seal to qualify the agents as an option, and, in parallel or alternatively, the presentation of a bill reestablishing the profession, as occurs in other countries.

In his presentation, the president of the BPTO defended the self-regulation of the agent profession by private entities, which would establish a certification system based on a code of ethics and good practices. According to him, last year 47% of patent applications were “lost” due to lack of clarity, descriptive insufficiency, and other formal inadequacies. “The BPTO is fully involved in promoting the necessary qualitative change in the so-called intermediation system”, he said. “And if any Provisional Measure is needed, it is absolutely on the agenda of the Ministry of Economy”.

Loureiro pointed out that the lack of regulation of the agent profession creates a huge problem for holders of industrial property rights, especially due to professionals who act in bad faith. For him, any project to regulate the profession must be an initiative of the Executive Power.

Graça Aranha, in turn, defended that the solution for the regulation of the agent’s profession has to be considered only technically. “Whatever the path, the issue must be examined from a technical point of view, never from an ideological or political point of view”, he stated.

A relevant comment was made during the webinar by Judge Márcia Nunes de Barros, in charge of the 13th Federal Court of Rio de Janeiro: “The agents are fundamental for the development of the theme and the correct preservation of the rights of the holders”.

Watch the full webinar on ABPI’s Channel on Youtube.