News

On Tuesday, the 10th, the ranking of the renowned guide Chambers Latin America – 2014 edition was released. Again, our office is placed among the leaders of PI in Brazil. Also stand out the partners Elisabeth Kasznar Fekete and Gabriel Leonardos. Both are considered leaders (Band 1) on intellectual property in the country. See the full ranking here: http://www.chambersandpartners.com/Latin-America/Editorial/254367#org_153811

On August 19, 2013 the Brazilian PTO published the Resolution number 17/2013, which sets the new rules for recognizing the highly reputed trademark status. This resolution will be enforced on the date of the publication of the new official fees for this procedure, but, until now, the BPTO has not estimated yet when it will be published.

The main innovation brought by this Resolution is the adoption of a standalone procedure, which allows the titleholder to require, at any time, the recognition of high reputation for its trademark before the Brazilian PTO. This request can be made when registering the mark, without the need of third parties' procedures.

les Nouvelles – Journal of The Licensing Executives Society International.

The founding partners of Kasznar Leonardos Intellectual Property Elisabeth Kasznar Fekete and Gabriel Leonardos are among the top IP lawyers in Brazil, according to the subscribers of MARCASUR Magazine.

The MARCASUR magazine is a renowned source of information on intellectual property in Latin America and has recently held the MARCASUR EXCELLENCE AWARDS 2013. This award consists of a voting among the subscribers of the magazine (IP experts), aiming to identify the intellectual property professionals of Latin American who stand out in their countries. According to the results, published in issue No. 50 (July-September) of MARCASUR, in Brazil three lawyers tied for first place with 20% of the votes each, among whom are Elisabeth Kasznar Fekete and Gabriel Leonardos.

The founding partners of Kasznar Leonardos Intellectual Property Elisabeth Kasznar Fekete and Gabriel Leonardos are among the top IP lawyers in Brazil, according to the subscribers of MARCASUR Magazine.

The MARCASUR magazine is a renowned source of information on intellectual property in Latin America and has recently held the MARCASUR EXCELLENCE AWARDS 2013. This award consists of a voting among the subscribers of the magazine (IP experts), aiming to identify the intellectual property professionals of Latin American who stand out in their countries. According to the results, published in issue No. 50 (July-September) of MARCASUR, in Brazil three lawyers tied for first place with 20% of the votes each, among whom are Elisabeth Kasznar Fekete and Gabriel Leonardos.

The founding partners of Kasznar Leonardos Intellectual Property Elisabeth Kasznar Fekete and Gabriel Leonardos are among the top IP lawyers in Brazil, according to the subscribers of MARCASUR Magazine.

The MARCASUR magazine is a renowned source of information on intellectual property in Latin America and has recently held the MARCASUR EXCELLENCE AWARDS 2013. This award consists of a voting among the subscribers of the magazine (IP experts), aiming to identify the intellectual property professionals of Latin American who stand out in their countries. According to the results, published in issue No. 50 (July-September) of MARCASUR, in Brazil three lawyers tied for first place with 20% of the votes each, among whom are Elisabeth Kasznar Fekete and Gabriel Leonardos.

Since July 15, 2013, the Brazilian Patent and Trademark Office (INPI) started offering a voluntary mediation service for administrative disputes arisen from trademark proceedings. Such alternative may help decreasing the number of current disputes as well the time for their solution and backlog. Moreover, it may facilitate internation parties seeking to settle related disputes in multiple jurisdictions.

On our way to the INTA Annual Meeting The partners and trademark attorneys Elisabeth Kasznar Fekete, Eduardo Colonna Rosman, Rafael Lacaz Amaral and Liz Starling, besides the foreign trademark coordinator Monica Simas Medeiros, will attend the 135th Annual Meeting of the International Trademark Association (INTA), to be held in Dallas, Texas, from May 4th to the 8th.

INTRODUCTION

Global energy demand continues to increase, with major developing countries acting as the main driving force behind such rise. However, the world energy balance is still highly dependent on the finite source of fossil fuels, which is considered to be the major responsible for atmosphere pollution in big cities. Furthermore, the long term consequences of the use of these non-renewable fuel sources are still unknown. Global warming, for example, is pointed out to be one of its most undesirable effects.

In this scenario, the need to diversify the energy matrix using more renewable energy sources has become urgent. One of the most triumphant clean energy sources that has been developed in the last years is wind power. The installed wind power capacity is increasing significantly worldwide as well as its importance to the

Brazil IP FOCUS – Managing IP Magazine – May 2013 edition

Generally, when IP rights holders decide to file a law suit in Brazil, they are looking for a swift answer to the violation of their rights. It is widely known, however, that law suits in Brazil usually take a long time to reach a final outcome. This is especially true in infringement and nullity actions involving patent rights, due to the technical background knowledge demanded to fully understand the technology at issue (in most of these law suits an expert is nominated by the trial judge to assist in clarifying technical aspects of the case). That is why injunctive relief plays an important role in litigation cases, as it is an efficient measure to put a stop to the infringement of IP rights while a final decision is being rendered in the case.

INTRODUCCIÓN: EL INSTITUTO DE LA PREVIA ANUENCIA Y LOS DILEMAS QUE LO MISMO HA GENERADO.

Pasados dieciséis años de la promulgación de la Ley Brasileña de Propiedad Industrial (Ley nº 9.279/1996), la cual introdujo en el ordenamiento jurídico brasileño las reglas establecidas en el Acuerdo sobre los Aspectos de los Derechos de Propiedad Intelectual Relacionados con el Comercio (ADPIC), una de las cuestiones jurídicas más polémicas que se coloca cuanto a su interpretación sigue todavía sin solución: ¿cuál debe ser el rol de la Agencia Nacional de Vigilancia Sanitaria (ANVISA, en el acrónimo portugués) en la concesión de patentes de fármacos? Tal pregunta se hace respeto a la correcta interpretación del artículo 229-C de la Ley nº 9.279/1996, que a la letra señala:

Brazilian PTO’s new Resolution No. 80 of March 19, 2013 sets forth rules for granting priority examination for patent applications related to pharmaceutical products and processes, and equipments and materials related to public health

The Brazilian PTO published Resolution No. 80, on March 19, 2013 in the Official Gazette, which establishes the proceedings for requesting priority examination of patent applications related to pharmaceutical products and processes, and equipments and materials related to public health. We are pleased to hereby enclose a complete English language version of the resolution for your review.

According to the new resolution, now in full force, priority for the examination of patent applications related to public health may be requested by:
(i) The Ministry of Health when the object of the patent is considered strategic to the policies within the National Public Health System (the SUS) — the possibility of having a

Managing IP Magazine – March 2013

Fame

Depending on the degree of reputation or recognition of the mark, it may be qualified as WELL-KNOWN or HIGLY REPUTED (widely recognized by the general consuming public; well-known to the public at large), being protected under different levels.

Legal protection to well-known marks

WELL-KNOWN marks in the form of Article 6bis of CUP are protected under the Brazilian IP Law against imitation or reproduction in the same or related market segment. Pre-existence of a regular application or registration is not a condition to seek the protection. Being this an exception to the first-to-file rule in force in Brazil, the Brazilian Law requires that the Opponent files an application for its own mark in order to enforce the special protection.

The Brazilian Patent amp; Trademark Office (PTO) has recently opened a new Public Consultation, this time on the draft guidelines for the examination of patent applications in the biotechnology field. The Public Consultation was published in the Federal Official Gazette on December 5, 2012 and any interested party may make their submissions within a 60-day-term counted as from that publication date.

The new draft provides more definitions and illustrations on biotech subject matter not expressly mentioned in Law # 9,279/96 (ESTs, primers, SNPs, cDNAs, ORFs, fusion proteins, etc.), indicating whether they would patentable or not in view of the main statutory prohibitions found in articles 10, (IX) and 18, (I) and (III) of that Law.

Operational Rule No. 005/2012 was issued by the Brazilian Patent Office on October 30, 2012, ruling on the interference of the Biosafety Law (No No. 11,105 of 24 March 2005) on the granting of Biotechnology patent applications.

This operational rule came as a consequence of previous Brazilian Patent Office's Notification No. 0182-2012-AGU-PGF/INPI/COOPI-ALB-2.2, published on August 21, 2012 in Official Gazette No. 2,172, which considered not to be patentable subject-matter involving genetic use restriction technologies (GURTs) for plants, as set forth by the Biosafety Law (BL).

This BL establishes, in its Section 6º VII, that it is forbidden to: “use, sell register, patent and license genetic use restriction technologies”, these technologies being defined in the sole paragraph of said section as “any process by which human intervention generates or multiplies genetically modified plants to produce sterile reproductive structures, as well as any manner of genetic manipulation that aims a