The growth in the number of patent applications in the world and the current position of Brazil

The World Intellectual Property Organization (WIPO) released last year’s statistics for the Patent Cooperation Treaty (PCT), the Madrid Agreement and the Hague System. 

According to the WIPOs publication, there has been a record increase in demand for protection of patentable products and processes in the last year, with a total of 278,100 new patent applications. The increase was 0.3% compared to the previous number.

Among all the countries that used the Patent Cooperation Treaty system, there was a 25% increase in applications filed in India, followed by South Korea, with the number of 6.2% more applications than in the previous year. 

According to WIPO, the number of designs included in international applications in the Hague System for the International Registration of Industrial Designs increased by 11.2% in 2022, with a total of 25,028 registrations. In this system, Germany ranks first (with 4,909 drawings registered), followed by China (2,558), Italy (2,414), United States (2,412) and Switzerland (2,178 drawings). 

 

 

Today, Brazil occupies the 61st position, having presented only one project in 2022. It should be noted that much of this increase is due to the fact that on February 2023, Brazil officially joined the Hague Convention for the International Registration of Industrial Designs. With its accession, Brazil will become the second Latin American country (after Mexico) and the 79th member to adhere to the Convention.

 

After all, what is the logical conclusion that we can reach with these numbers?

These numbers clearly demonstrates that even with the world economy facing a delicate moment, in which much is said about a globalized economic recession, what we saw in the last year is that more and more companies are concerned with protecting the products and processes resulting from their research and development.

If you are interested in protecting an invention as a patent, or extending the protection of your patent/industrial design application to other countries of interest, count with Peduti!

 

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Author: Bruno Arminio and Cesar Peduti Filho, Peduti Advogados.

Source: BRASIL OCUPA AS 30 PRIMEIRAS POSIÇÕES EM PEDIDOS DE PATENTES INTERNACIONAIS

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

New Agreement Between Brazil and Denmark Enhances International IP Cooperation

The Brazilian Trademark and Patent Office (BPTO) and the Danish Patent and Trademark Office (DKPTO) signed an agreement, aiming to technically cooperate in IP, innovations and digitalization matters.

The Memorandum of Understanding involves cooperation in activities such as training courses, biodiversity, agriculture, healthcare, as well as bilateral alliances in sustainable energy matters, notably, to develop technologies able to minimize climate change effects.

This new agreement, announced on March 10th, 2023, renovates IP bilateral cooperation undertaken by previous arrangements, enhancing the exchange between companies and institutions from both nations in several areas of high impact and nontraditional trademark regulation in the EU.

 

 

The managing director of DKPTO declared that the new MoU precedes the release of funds for three additional years of cooperation, especially to benefit Danish companies performing in Brazilian market.

The BPTO celebrates agreements with other Patent offices mainly to improve the examination of patents in Brazil and to encourage the exchange of experiences between the offices. 

 

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Author: Enzo Toyoda Coppola and Cesar Peduti Filho, Peduti Advogados 

Source: Brasil amplia acordo de propriedade intelectual com governo dinamarquês

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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.”

Developing and protecting your online brand: tips for the new entrepreneur

Trademark protection is critical in establishing long-term protectable rights in every brand. This way, first of all, there are some important tips to observe regarding the naming and branding part of any new venture in Brazil. 

To start, it’s crucial to not rely exclusively on descriptive phrases. Generic terms, which describe the class of goods or services, are never protectable. And laudatory terms aren’t usually protectable either.

Also, it is important to make it clear who the legal owner of the brand should be, if a third party helped develop the brand. 

Then, there are important steps in developing legally protectable rights in the new identity to avoid ending up in legal challenges by inadvertently copying another party’s brand.

 

 

The first step is to conduct trademark clearance searches to identify competing uses, which could present a challenge to the use of the trademark. 

Besides, while most trademark offices allow owners to file directly online, including in Brazil, a good trademark professional can order a clearance search, review it with knowledge of trademark law and then provide guidance.

Most people think that the only requirement to be considered when filing a trademark is third party rights, however the Brazilian law has other twenty-two prohibitions. 

It is important to highlight that while there is no need to wait further to put the brand into use, you should immediately file trademark applications to register the trademarks.

Finally, it is highly recommended to protect your brand by filing to register it as a domain name and secure your brand across social media platforms. In this sense, you should also monitor your brand online to ensure it isn’t being misappropriated or misused.

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Author: Nathália Regina Alves Dourado and Cesar Peduti Filho, Peduti Advogados.

Source: Developing and protecting your online brand: tips for the new entrepreneur 

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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.”

The trial of the decade that might drastically upend the rules of the internet

Two major lawsuits that are being brought in the U.S. Supreme Court (Gonzalez v. Google and Twitter v. Taameneh) target Big Techs Google, Facebook and Twitter and could drastically upend the rules of the internet.

 

The cases seek to blame the platforms for recommending violent and recruiting content from the Islamic State, which would have taken directly encouraged its users to commit terrorist acts. Both perpetrators are relatives of the victims killed in attacks in France and Turkey, both of which are authored by the Islamic State.

 

It turns out that since 1996 (even before Google was created) the U.S. has legislation (known as “section 230” of the Communications Decency Act – CDA) that exempts, “protects platforms from culpability for posts, photos, and videos that people share.” Therefore, there would be no responsibility on the part of the platforms in monitoring the content made available by third parties.

 

 

The center of the family’s claims would be that Google and Twitter should have the means to prevent videos of violent and terrorist recruitment nature from circulating on their platforms and prevent the algorithm from recommending it.

 

Today digital platforms work mostly based on the algorithm recommendation system, offering content based on user personal preferences. The main point would be whether section 230 would also apply to the act of recommendation, in addition to hosting the contents. There is questioning about the impact of this decision on freedom of expression and on the entire current functioning of digital platforms.

 

The judge’s position is still unclear in determining whether there would be a direct link between the recommendations and the commission of the terrorist acts themselves, but the case is complex and promises a long discussion in the coming months.

 

It is worth remembering that in Marco Civil Law of the Internet in Brazil of the Internet has a similar position from CDA, determining that it is not the direct responsibility of the platforms filtered the contents, only when judicially determined.

 

Both are really important cases that, depending on the decision can drastically upend the rules of the internet worldwide.

 

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Author: Ana Luiza Pires and Cesar Pedut Filho, Peduti Advogados.

Source: How two supreme court battles could reshape the rules of the internet

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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.”