The Madrid system will enter into force in Brazil on October 2 2019, three months after the delivery of the instrument of accession of Brazil to the World Intellectual Property Organization (WIPO). In the wake of the adherence to the international system, the Brazilian Patent and Trademark Office (BPTO) released four resolutions that not only address ratification, but also touch new and uncharted areas for international companies with trademarks in Brazil, including adopting necessary international norms for the local trademark regime, like multiclass filings, co-ownership, and divisional applications and registrations adding flexibility to the local system.
According to the best information available, the BPTO intends to be fully integrated into the Madrid Protocol by October. This deadline may delay the implementation of new procedures relating to local filings while the BPTO struggles with its electronic filing system and aligning the trademark examination and fee structure. The resolutions were published for public consultation so amendments to the original drafts are still possible. This is nothing new as almost every new member state experienced certain difficulties or delays adjusting after ratification of Madrid.
For the Brazilian IP community, imminent adherence to the protocol has already helped drastically reduce the notorious backlog on the trademark side. It is now only 12 to 13 months for a decision on recent filings. The protocol has also brought hope to national applicants who wish to protect their brands abroad, as it promises to facilitate management of international portfolios and lower trademark registration costs.
A lot of effort and investment has been made to meet WIPO's requirements for acceding to the protocol and place Brazil among the already 120 countries that are covered by the system. Weighing up pros and cons, acceding to the international system evidently has more benefits at least for now than we might have expected at the beginning of the discussions over 10 years ago.
||Cecília T Delgado de Moura
Daniel Legal & IP Strategy
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230, 3rd Floor
Centro, Rio de Janeiro
Tel: +55 21 2102 4212