Brazilian PTO publishes Technological Radar on fertilizers

The Brazilian PTO published, in January 2023, the Technological Radar of Fertilizers, drafted within the scope of the National Fertilizer Plan (PNF), developed by the Interministerial Working Group established by Decree No. 10.605/2021, with the aim of strengthening policies to increase competitiveness in the production and distribution of fertilizers in Brazil, in a sustainable manner.

 

It is very important to highlight that the Technological Radar it is always drafted by the Division of Studies and Projects of the Brazilian PTO, that analyses the technological information contained in patent documents. The radars focus on the analysis of technologies/sectors listed as priorities by the Brazilian Government and/or partner institutions. Its scope is to present the technological development in Brazil and in the world through the analysis of the patent documents of the technological sector.

 

 

The National Fertilizer Plan (PNF) activity plan was divided into two stages: 1) International Benchmarking and 2) Diagnosis of the production chain in Brazil, comprising themes divided into six lines of action: Nitrogen; Phosphor; Potassium; Emerging Chains; Science, Technology and Innovation; and Environmental Sustainability.

 

In this context, the Brazlian PTO was responsible for conducting studies on technological patent information bases on the fertilizer production chain, more specifically for the Nitrogen, Phosphorus and Potassium (NPK) chains.

 

Starting from a sample of 174,000 fertilizer patent documents, two specific types of analysis were performed for fertilizers. With this worldwide analysis, it was possible to present an overview of the state of the art of the technologies in question, showing the volume of inventions on a global level and the main applicants, which reflect the most prominent actors in research and development in the area.

 

In the national diagnosis, the analysis of patent applications filed in Brazil showed interest in the Brazilian market, as well as technologies with potential use in the country. The study also analyzed the patent applications filed by residents in Brazil, with the aim of identifying the profile of technologies under development in the country and who has the skills to generate innovation in the sector.

 

The entire content of the study in question can be easily accessed through the federal government website, in the corresponding link.

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

Source: INPI divulga Radar Tecnológico sobre fertilizantes;

INPI divulga Radar Tecnológico sobre fertilizantes

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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 recognition of the strawberry from the Pioneer North of Parana as a Geographical Indication Registration

The Geographical Indication (G.I) registration is a collective tool developed for the valorization of traditional products from a certain region, with the main function of adding value to the product and protecting the producing region. In Brazil, this subject was introduced on the occasion of the enactment of the Industrial Property Law No. 9,279/96.

 

In Brazil there are two types of Geographical Indication, the indication of origin and the denomination of origin. In both modalities, protection will fall on the “geographical name”, constituted both by the official name and by the traditional or usual name of a determinable geographical area. The legislation in force does not establish a period of validity for Geographical Indications, so that the period for the use of the right is the same as the existence of the recognized product or service, within the peculiarities of the Indications of Origin and the Denominations of Origin.

 

In this sense, it is very important to highlight that the Brazilian PTO recognized the registration of a geographical indication of the Strawberry from the pioneer North. The seal for the strawberry was granted in the Indication of Origin modality (application number BR 402020000015-9 and registration concession code 395), related to the tradition and reputation of the producers, which makes the region known as a fruit production center. The four municipalities concentrate more than 500 small fruit growers, around 8 million plants cultivated in almost 200 hectares, and an annual production volume that reaches close to 7 thousand tons. The pioneer north is considered the largest strawberry producer in the entire state.

 

 

With the strawberry from the pioneer north, Paraná now has ten products with the GI registration. The others are: Antonina’s Banana Bullet, Capanema molasses, Carlópolis Guava, Witmarsum Cheese, Marialva Grapes, Café do Norte Pioneiro, Honey from the West, Honey from Ortigueira, Yerba Mate São Matheus, from the South of Paraná . Four other products are awaiting certification from the INPI, such as Wines from Bituruna, Barreado from the Coast of Paraná, Cassava Flour from the Coast of Paraná and Cachaça de Morretes.

 

According to the strawberry producer and president of the Norte Velho Association (ANV), Carlos Inácio, the main changes made to the properties of the approximately 25 members were to prioritize the use of organic products, which do not harm the environment, and to use, when necessary, only chemicals registered for strawberry cultivation. “The objective is to present a safe food to the final consumer”, he emphasizes. With the crop protected, fruit growers are able to grow strawberries all year round. For him, who lives exclusively on income from the fruit, the G.I will bring more competitiveness.

 

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Author: Bruno Arminio, Associate Lawyer at Peduti Advogados.

Source: Geographical Indications registrations in Brazil and the recognition of the strawberry from the Pioneer North of Parana

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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.”

Brazilian PTO (INPI) searches for potential providers of Anteriority Search services for the purpose of examining patent applications

Brazilian PTO (INPI) searches for potential providers

In its 2021 Action Plan, the Brazilian PTO took as a strategic initiative the pilot project to outsource the anteriorities search, with the justification that this activity, like the model used by the Japanese Patent Office (JPO, for its acronym in English), represents an alternative management tool for controlling the capacity for technical examination of patents, in search of high efficiency in granting rights and maintaining a high level of quality.

 

The pilot project was carried out as a research project, within the scope of the Industrial Property Development Program (PDPI), and consisted of internally simulating the provision of the search outsourcing service, inspired by the Japanese model, with application and testing according to the proposed procedures for execution, monitoring, evaluation and use of the simulated service.

 

Therefore, the Brazilian PTO began to research potential companies that provide a anteriority Search service for the purpose of examining patent applications. 

 

Brazilian PTO (INPI) searches for potential providers

 

Companies that express interest in participating will receive a survey questionnaire. The invitation is intended for companies that: (i) Have expertise in performing searches for state-of-the-art documents, having previously carried out similar activity; (ii)

Have no impediment in contracting with the Public Administration; (iii) Are not technology developers, applicants or holders of patent rights; and (iv) Do not carry out activities of representation of applicants or holders of patent rights.

 

With the respective measure, the Brazilian PTO  wants to verify the existence of companies capable of offering services for patents anteriority searching, in order to assess the feasibility, opportunity or relevance of this type of service provision.

 

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Author: Bruno Arminio, Associate Lawyer at Peduti Advogados.

Source: Braziian PTO (INPI) invites companies for research on the provision of Patents Anteriority Search Service

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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 recognition of mastic honey from the north of Minas Gerais as a Geographical Indication Registration

The recognition of mastic honey from the north of Minas Gerais as a Geographical Indication Registration

The Geographical Indication (G.I) registration is a collective tool developed for the valorization of traditional products from a certain region, with the main function of adding value to the product and protecting the producing region. In Brazil, this subject was introduced on the occasion of the enactment of the Industrial Property Law No. 9,279/96.

In Brazil there are two types of Geographical Indication, the indication of origin and the denomination of origin. In both modalities, protection will fall on the “geographical name”, constituted both by the official name and by the traditional or usual name of a determinable geographical area. The legislation in force does not establish a period of validity for Geographical Indications, so that the period for the use of the right is the same as the existence of the recognized product or service, within the peculiarities of the Indications of Origin and the Denominations of Origin.

In this sense, it is very important to highlight that the Brazilian PTO recognized the registration of a geographical indication of honey from the mastic tree in the North of Minas Gerais. Now, the region is now identified as a Denomination of Origin for the product, which, in practice, represents the geographical indication of the particular environmental and geographical conditions of soil and climate for the production of honey with its own characteristics. This was the first recognition approved by the Brazilian PTO in 2022, published in the Official Gazette No. 2665.

 

The recognition of mastic honey from the north of Minas Gerais as a Geographical Indication Registration

 

As described, the denomination of origin establishes an area of 64 municipalities with different soil and climate conditions, as well as vegetation and insect producers. The presence of aroeira-do-sertão stands out and its interspecific relationships, in addition to the technique used by regional beekeepers. The Brazilian PTO decision is seen as a decisive milestone in the scientific chain of honey in the North of Minas Gerais, reaching one of the most representative indicators for the production of excellence and certification for the international market.

In view of the above scenario, what would be the advantage of a Denomination of origin in Brazil?

For a given product to obtain recognition as a Denomination of Origin, it must take into account the unique characteristics of the location, including the natural and human factors that make it different. In this way, the protagonism belongs to the producer, as he has the intellectual property of the way of doing it. Thus, the registration of Geographical Indication of Agricultural products, in fact, can bring recognition by the market and by consumers.

In this way, producers who follow the rules of the geographical indication from North of Minas Gerais can choose to also use the Brazilian Seal of the Denomination of Origin on the label of their products, together with the name of the G.I. and consequently, from this measure, it is expected that the valorization and even the international promotion of products, adding value and generating income, in addition to other benefits for the specific region, which ends up becoming a highlight and a market reference.

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Author: Bruno Arminio, Associate Lawyer at Peduti Advogados.

Source: Manual de Marcas; INPI reconhece o registro de indicação geográfica do mel de aroeira do Norte de Minas; Mel de Aroeira do Norte de Minas recebe selo de Indicação Geográfica

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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.”

Registration Certificates for Madrid Protocol trademark applications are now available in the Brazilian PTO

Registration Certificates for Madrid Protocol trademark applications are now available in the Brazilian PTO

The Brazilian Industrial Property Office (BPTO) recently published the availability of registration certificates for trademark applications filed in Brazil using the Madrid Protocol.

The certificates will be available in weekly batches published on the same date of the publication of the BPTO Official Gazette. The issuance of the certificates will follow a chronological order based on the date of the granting of the trademark registration.

 

Registration Certificates for Madrid Protocol trademark applications are now available in the Brazilian PTO

 

After the BPTO issues all the pending registration certificates for applications made using the Madrid Protocol, these applications will follow the regular BPTO rule for issuance of trademarks certificates, that is, sixty days after the publication of the granting of the trademark.

The first certificates were made available on march 22, 2022. 

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Author: Carla Pinheiro Beisiegel, Associate Lawyer at Peduti Advogados.

Source: INPI disponibiliza certificados de registro das designações de Madri

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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.”