Peduti Advogados @ INTA2019 Boston, the main event of the intellectual property area. Seeking for the improvement of knowledge and the exchange of experiences in study groups and the straitening of relationships with professionals from all over the world.
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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.”
It is essential to ensure that adherence to the Madrid Protocol does not generate unwanted asymmetries between Brazilians and foreigners, which makes the application of the principle of non-discrimination an objective to be achieved by legislators.
In order to prepare the Brazilian system of registrations for the imminent adhesion, Bill 10.920/18 was drafted, with amendments to Law 9.279 / 96, aiming at maintaining isonomy between nationals and foreigners, without loss of competitiveness.
The main claim of the Bill is the inclusion of rules that will be followed by both Brazilians and foreigners who wish to register a trademark in Brazil. These rules are:
Currently the Bill is in the Committee on Economic Development, Industry, Commerce and Service, so that, if it deems necessary, amendments to the Project can be submitted before its judgment.
With or without the approval of Bill 10.920/18, adherence to the Madrid Protocol will generate important changes in the trademark registration process in Brazil. And our office will always be available to advise companies that wish to protect their assets in Brazil.
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Lawyer Author of the Comment: Vittória Cariatti Lazarini
Source
Headline: A adoção do Protocolo de Madri e o Projeto de Lei 10.920/18
“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.”
An American Company has been accused of biopiracy by the Federal Public Prosecutor, regarding an alleged illegal access to the genetic material to the Brazilian fruit açaí. Such access would have made possible to this company to commercialize this fruit in USA.
It is important to point out that the açaí is a fruit originally of the Brazilian rain forest (Amazonia), being know for its nutritional and even medical properties. The açaí has been used for generations of native people in the Brazilian Amazonia. However, in the last decades, its commerce and use has been expanded to other Brazilian regions as well as other countries.
Nevertheless, considering the Biodiversity Convention, as well as Brazilian laws to protection of biodiversity, such fruits as açaí are protected and the study, extraction and commerce of them are subject to regulations and authorizations.
The American company would have accessed the açaí genetic heritage without authorization from the National Genetic Heritage Council (Conselho Nacional de Patrimônio Genético – CGen) to trade products derived from the açaí pulp abroad. Also, the company would have not comply to its social obligation with the communities responsible to the açaí production.
However, the company CEO has denied such accusations, affirming that the company is the only one in the world with organic and fair trade certificate, having a social ware chain of production.
The CGen authorization to access to genetic heritage, as well as the cooperation and benefit to the local community are legal impositions. Thus, if prove that the company have not comply with such requirements, it will might be civil and criminal accountable.
Lawyer Author of the Comment: Natália Nogueira dos Santos
Source (link)
Headline: Empresa que vende açaí nos EUA é acusada de biopirataria e de não beneficiar ribeirinhos
“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
On May 15, 2018, it was initiated the work of an external consultancy that will evaluate the procedures involved in patent analysis by the BPTO (Brazilian Patent and Trademark Office), as well as the selection, training and evaluation mechanisms of its examiners. Such work has as goal to indicated the current issues and how they can be fixed and ways to improved the procedures of patent analysis.
In a second stage, the consultancy should be extended to improve procedures in the area of trademark analysis.
The consultancy is result of a partnership with the British Government, through the Prosperity Fund, whose objective is stimulate development and poverty reduction in several countries. The fund has 1.3 billion
pounds (about R $ 6.4 billion) in investments, being 80 million (about R $ 396 million) intended to Brazil, until 2022.
For three weeks, the consultants will work with the BPTO, collecting information and keeping in touch with examiners, managers and IP service users.
Lawyer Author of the Comment: Natália Nogueira dos Santos
Source (link)
Headline: Consultoria Externa Irá Buscar Melhoria Operacional da Área de Patentes
“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
