Madrid Protocol in Brazil: From October 02th it will be possible to file trademarks in Brazil through Madrid Protocol

The Senate has approved the adhesion of Brazil in Madrid Protocol. From October 02th, 2019 it will be possible to file trademarks in Brazil through Madrid Protocol.

Only on August, the Brazilian Trademark Office will publish the resolution with the rules regarding the trademark application thru the Madrid Protocol.

We can affirm that in order to implement the Madrid Protocol, the Trademark Office is making changes on its systems. The trademarks used to take around 3 years to be granted, now the applications are being examined in around 01 year.  

The Brazilian Trademark Office has not implemented the multiclass system yet, however, it is expected that it will occur for sure.   

As soon as the new resolution with all the rules for Brazil is published by the Brazilian Trademark Office, we will let you know.

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

New rules for the patent examination were created in Brazil

A new resolution was published by the Brazilian Patent Office implementing new rules for the patent examination in Brazil. The new rules were created in order to reduce the patent backlog and the period of patent examination. 

The resolution 241/2019 has provisions to patent applications with search reports published by other Patent Offices. 

Requirements:

In order to take advantage of the new Resolution, the following requirements must be met: 

  • A previous examination cannot had been made by the Brazilian Patent Office;
  • A priority examination cannot had been requested; 
  • An opposition cannot had been filed by third parties or by the Brazilian Health Regulatory Agency (Anvisa); 
  • The application must had been filed until December 31, 2016;

If the patent applications fulfill the requirements, the Brazilian Patent Office will issue an office action requesting the applicant to make comments about the search report published by the other patent office. 

The applicant will have also the opportunity to defend the patentability and adjust it in order to comply with the requirements pointed by the search report. 

If the applicant makes the changes on the claims in order to prove the inventive step and respecting the patents presented on the search, the patent will be granted by the Brazilian Patent Office. If not, it will be rejected. 

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

JEFF BEZOS WON THE 7 YEARS CONTINENTAL BATTLE AND FINALLY GETS .AMAZON DOMAIN.

It is important to connect some dots before we deliver the explanation about the case.

The Internet Corporation for Assigned Names and Numbers – ICANN it is a non-profit organization who basically works for the internet development and it is regulation. One of its incumbencies it is to regulate and give the exclusivity of domains names to it is applicants. 

Knowing that, in 2012, Amazon Corporation has applied for the domain .AMAZON before ICANN.ORG. The company request has got the attention of Latin American Governments, since AMAZON it is also how it is called one of some Latin countries (also world) biggest patrimony, the Amazon Forest.  

The government of Brazil and Peru (endorsed by Bolivia, Ecuador and Guyana) has presented a formal objection against the Company request, their main arguments sustain that AMAZON referred to their geographic region and should belong to them and the exclusivity of the domain should not be given to any company.

Amazon Cooperation Treaty Organization – ACTO joined the Countries efforts  and arguments from both sides were presented during the long battle. ICANN has tried to reach a “mutually acceptable solution”, unfortunately, without success.

ICANN has finally decided, the decision gave to the company the right of the domain “.AMAZON”.

In the terms, the company has promised to not include in the domain name words with “a primary and well-recognized significance to the culture and heritage of the Amazonia region”.

Brazil’s foreign ministry commented ICANN’s decision:

“It is concerning that a decision by that entity fails to adequately consider the public interest identified by eight governments, in particular the need to defend the natural, cultural and symbolic heritage of the countries and peoples of the Amazon region”.

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Lawyer Author of the Comment: Martin Abdelmalack
Source
Headline: “Battle for the digital Amazon.”

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

The Brazilian trademark and patent office is making changes in order to improve the trademark system

The Patent office has published a resolution this week with new rules for examination of patents. The examiner will be allowed to use the  searches already carried out by another Patent Office in cases of patents filed in Brazil through PCT or CUP. 

The examiner will issue an office action requesting the applicant to talk about the cited documents and  make adjustments if necessary. After that the examiner will decide about granting the patent or not. 

Implementing these changes the Patent office expects that the backlog will be reduced in 80% until 2021. After that they believe that the timeframe for examining patents would take around 02 years. 

In order to implement the Madrid Protocol the Trademark office is also making changes on the system. The trademarks used to take around 3 years to be granted, now the applications are being examined in around 01 year.  

The Senate has approved the adhesion of Brazil in Madrid Protocol. From October 02, 2019 it will be possible to file trademarks in Brazil through Madrid Protocol. 

In Brazil is not possible to file multiclass applications but probably it will be possible next year. 

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Lawyer Author of the Comment: Laila dos Reis Araujo

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”