Newsletter Edition 18 - September 2020


ABPI promotes the largest Intellectual Property event in Latin America

With an opening lecture by economist Eduardo Loyo, from BTG Pactual, and under the theme “The role of Intellectual Property in Digital Transformation”, ABPI promotes, from October 19th to 22nd, the 40th International Congress on Intellectual Property, the largest of its kind in Latin America. “The new technologies, which emerged following artificial intelligence, are transforming the planet and nothing will ever be the same”, says ABPI’s president Luiz Edgard Montaury Pimenta. “Topics related to this issue will be the focus of the four days of ABPI’s 40th Congress when we will be connected with leaders from around the world to discuss the most current issues in the area of ​​Intellectual Property”.

ABPI’s Congress 2020 was designed in an online and interactive format and will bring together the leading experts in the field, national and foreign. Representatives of the industry, the judiciary, lawyers, government authorities, and managers of companies and national and foreign entities, such as WIPO (World Intellectual Property Organization), AIPPI (Association Internationale pour la Protection de la Proprieté Intellectuelle), ASIPI (Asociación Interamericana de la Propiedad Intelectual), Whirlpool Latam, AB Inbev, and IBM, among others.

Intellectual Property key issues, such as trademarks, patents, industrial design, and copyright, will be discussed with the main authorities on the subject, in addition to the strategic issues of Intellectual Property recently brought to public consultation by the Brazilian government. The four plenary sessions, eight panels, and 16 table topics of the event will address issues related to the digital agenda, such as the ownership of products developed by machine learning, deep learning, blockchain, 5G technology, artificial intelligence, online brand protection, and data protection, among others.

In this 40th edition of its annual congress, ABPI will announce and deliver the Patent of the Year Award, which will reward the best invention aimed at preventing or treating COVID-19.


The opening lecture shall be held on October 19th at 9 a.m. (BRT), by economist Eduardo Loyo, from BTG Pactual, highlighting the start of work. Former director of the International Monetary Fund and the Central Bank of Brazil, Loyo will discuss the challenges and perspectives of the Brazilian economy for the coming years.


Claudio Furtado, the president of the BPTO, is a speaker of the first plenary session of the Congress, to be held on October 19th, starting at 9 a.m. (BRT). Furtado has been promoting a reform on all fronts of the institute, with unquestionable results in fighting against the patent backlog, reducing deadlines and improving processes. In the plenary, he will speak about the “BPTO work plan for the next three years”.

Who hasn’t been a victim of fake news circulating on the internet? If you want to know how this practice can be prevented, you must attend plenary 2 on “Brazil’s Fake News Bill”, at 9 a.m. (BRT), on October 20th. One of the speakers will be the rapporteur of Bill 2,630/2020, senator Ângelo Coronel.

The topic returns for debate on October 21st, at 2:30 p.m. (BRT), on table topic 12, which will discuss “Unfair Competition in the Digital Platforms: Fake News on Commerce. Are there Legal Deficiencies? International Perspective”.

Courts are discussing specialization in intellectual property for better decision making in the matter, and there are already specialized courts in some Brazilian states. If you want to know more, watch plenary 3 of the Congress, on October 21st, at 9 a.m. (BRT) with outstanding speakers. At the table, the judges Abel Gomes, from the Regional Federal Court of the 2nd Region, Manoel Pereira Calças (TJ-SP – São Paulo State Court of Justice), and Flávia Romano (TJ-RJ – Rio de Janeiro State Court of Justice) will address the issue.

The plenary session “IP from an International Perspective”, to be held on October 22nd, at 2:30 p.m. (BRT), closes ABPI’s 40th Congress on a high note. After this Plenary, ABPI delivers the Patent of the Year Award.


In 2019 Brazil lost R$ 291.4 billion reais to the illegal market according to a survey by the National Forum Against Piracy and Illegality (FNCP). This information and other data are included in the presentation by Edson Vismona, president of ETCO (Brazilian Institute of Competitive Ethics), in the panel “The illegal market and the risk of local divestment”, which starts at 11 a.m. on October 19th.

The issue will come back on October 22nd, at 11 a.m. (BRT) in table topic 16 “Fighting Against Online Piracy”, with the participation of the National Consumer Secretary, Juliana Oliveira Domingues.

Can the algorithms be protected? And if so, who is the owner? The answers to these and other questions will be on the second panel of the Congress, on October 19th at 11 a.m. (BRT), which will feature the distinguished participation of Barbara Fiacco, the president of AIPLA (American Intellectual Property Law Association).

New technologies and intellectual property return to the debate on October 20th, at 2:30 p.m. (BRT), in table topic 8 with the theme “5G technology and Patents – Global News and Trends”.

Panel 3 – “Arena Rights and Broadcast Rights”, which starts at 11 a.m. (BRT) on October 20th, is for those who either like soccer or not. Experts on the issue will talk about the new trends brought in the wake of digital platforms in the field of broadcasting, the protection of brands and domain names on the internet.

If you want to learn about “Patents Protagonism in Combating COVID-19” stay tuned to panel 4, which starts at 11 a.m. (BRT) on October 20th. And keep this name: Liane Lage, patent director at the BPTO.

The same issue will be addressed on table topic 9, on October 21st at 2:30 p.m. (BRT), under the theme “Accelerated examination and licensing of COVID-19-related patents in Brazil, Europe, United States and Asia”.

In an increasingly internationalized world, the “Controversial Issues in the Examination and Trademark Decisions” mobilize experts in Brazil and abroad. The debate on the matter will take place on October 21st at 11 a.m. (BRT), on panel 5.

Brands are also at the center of the debate in three table topics: table topic 1 will discuss “Online brand protection” on October 19th at 2:30 p.m. (BRT); table topic 3 will address the scope of Article 125 of the IPL, which provides special protection to highly renowned trademarks, to be held on the same day and time; and table topic 7, with “The Protection of Form Trademark in the Current Legislation”, to be held on October 20th at 2:30 p.m. (BRT);

On October 21st at 11 a.m. (BRT), Panel 6 will discuss the “Challenges and best practices for the protection of personal data under the LGPD”, recently sanctioned by the President of the Republic of Brazil.

The issue will also be addressed in table topic 4 on October 20th at 2:30 p.m. (BRT), about the “Protection of Personal Data and Business Secrets”, and in table topic 6, which will deal with the “Personal Data Protection – the Situation in Brazil and an International Comparative Analysis”.

Have you thought about “Blockchain as a Tool Copyright Control and Licensing”? It can be enlightening to watch the presentation by Carlos Rischioto from IBM on the topic. He will speak at Panel 7 on October 22nd at 9 a.m. (BRT).

It is not enough just to protect the images at a given time, but also their movement on a screen. How? Speakers of panel 8 – “Industrial design as a Protection Strategy for Dynamic Graphical Interfaces” will answer it on October 22nd at 9 a.m. (BRT).

More on table topics:

 The STF – Federal Supreme Court – is about to express its opinion on the merit analysis of ADI (Direct Unconstitutionality Action) 5529, which deals with the constitutionality, or not, of Article 40, sole paragraph, of the Industrial Property Law – IPL (Law No. 9.279/96), which allows the extension of the patent term in case of delay in the assessment of the application by the BPTO. Experts will discuss this issue in table topic 2, on October 19th at 2:30 p.m. (BRT).

“The Analysis of contracts by the BPTO and the Economic Freedom Act” is the theme of table topic 5, on October 20th at 2:30 p.m. (BRT).

“Amendments in Patent Applications: the Interpretations of Article 32 of the IPL” is the theme of table topic 10, on October 21st.

The confusion caused by the consumer due to the similarity of a product’s image set is a matter for the experts debating in table topic 11 – “Trade Dress and other Confusing Acts: Evaluation Criteria, Doctrinal and Jurisprudential Position”, to be held on October 21st.

The “Inventions Implemented by Computer Programs” is the theme that panelists of table topic 13 will discuss on October 22nd at 11 a.m. (BRT).

The Ministry of Economy is implementing a National Intellectual Property Strategy in Brazil. Want to know more? Watch table topic 14, on October 22nd at 11 a.m. (BRT), and clarify your doubts with Miguel Emery Carvalho, from the Interministerial Group on Intellectual Property (GIPI).

Table Topic 15 will address “Data Protection Exclusivity and Interface with Unfair Competition and Patent Protection” on October 22nd, at 11 a.m. (BRT).