The Protocol has so far lacked many members in Latin America. But if Brazil – the region’s largest economy – were to join, that would be likely to prompt other countries in the region to do so too.
At the hearing, held on April 22, representatives of the Brazilian Association of Intellectual Property (ABPI), the Federation of Industries of the State of Rio de Janeiro (FIRJAN) and the Brazilian Patent and Trade Mark Office (BPTO) spoke to a group of Congress members about the advantages of Brazil joining the Protocol.
Congressman Carlos Pannuzio also spoke, questioning the delay in forwarding the bill to Congress.
It is understood that the ABPI also raised some concerns about the implementation of the Protocol, including the supposed legal requirement for applications in Brazil to be in Portuguese and the question of whether the BPTO can examine applications within 18 months.
Jorge Avila, president of the BPTO, addressed some of these concerns, and specifically said that the Office has taken measures to improve examination and will be able to meet the required deadlines.
The bill was approved by a government group, endorsed by the president, and was due to be sent to Congress last year, but progress has been delayed.
Managing IP understands that, following the hearing, Congressman Bruno Rodrigues recommended that, if there are no obstacles, the bill should be sent immediately to Congress.
Eduardo Machado of Montaury Pimenta Machado & Lioce, who supports Brazilian accession to the Protocol, said that the latest development showed that, while some local agents still have reservations about membership, the BPTO is enthusiastic and aims to overcome any obstacles.
