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ABPI (Brazilian Association of Intellectual Property), INPI (National Institute of Industrial Property) and ABAPI (Brazilian Association of Industrial Property Agents) decided to create a Commission to discuss the regulation of industrial property agents, in a webinar, yesterday, 29, promoted by the three entities and WIPO (World Intellectual Property Organization). The event was attended by ABPI presidents, Luiz Edgard Montaury Pimenta, INPI, Claudio Furtado, ABAPI, Álvaro Loureiro, and WIPO Regional Director, José Graça Aranha, moderated by the president of the Porto Alegre Commercial Association and former President of INPI, Paulo Afonso Pereira.

In the webinar, Montaury Pimenta pointed out that the low qualification of some intermediaries, who exercise the power of attorney as industrial property agents with the INPI, results in an increase in the patent backlog and even in the delay in regular examinations carried out by the municipality. He cited as an alternative the creation of a quality seal to qualify the agent, and, in parallel or alternatively, the presentation of a Bill, reestablishing the profession, as occurs in other countries.

In his presentation, the INPI president 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. “INPI is fully involved in promoting the necessary qualitative change in the so-called intermediation system,” he said. “And if any provisional measure is needed, this is absolutely on the agenda of the Ministry of Economy”.

In his presentation, Loureiro stressed that the lack of regulation of the profession of agent creates a huge problem for holders of industrial property rights, especially due to the action of professionals who act in bad faith, adding that any project to regulate the profession must be an initiative of the Executive Branch.

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

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 said.

You can watch the full webinar on the ABPI YouTube channel.