The BPTO adapts to the LGPD and changes access to trademark processes

Since February 7th, those interested in accessing petitions and documents via the BuscaWeb System in the BPTO Trademark processes must qualify with the indication of the purpose-need dyad utilizing an electronically registered self-declaration. The new procedure is due to compliance with the General Data Protection Law (LGPD) and, according to the Institute, “will allow the social control of State processes and decisions capable of granting private individuals the exploitation of IP rights exclusively in the Brazilian territory, promoting harmony between publicity and privacy, besides guaranteeing access to information and respect for private life”.

The BPTO clarifies that this measure only applies to processes where the user does not appear as the holder or attorney-in-fact. Thus, for the third party to have access to the petitions and documents, it must indicate, among the hypotheses below, which one confers legitimacy to its intention of full access to the process:

Manifestation in the process;

Verification of the authorship of the invention or utility model;

Research of a professional or academic nature;

Exercise of fundamental right;

Inhibition or repair of industrial property rights infringement;

Clarification of objective legal doubt about the request.