Latin America and Caribbean

Roberta Arantes of Daniel Law looks at how the Brazilian legal landscape has responded to shifts in the concept of branding and its related levels of protection

Kene Gallois and Guilherme Coutinho of Daniel Law explain how the success of the plan will pave the way for Brazil to attract further investment and opportunities

André Oliveira of Daniel Law considers how IP infringement and brand protection has evolved in Brazil amid the pandemic

Carolina Schueler of Daniel Law discusses why naming rights and sponsorship deals could be a profitable two-way partnership that may last for decades

Jaime Rodríguez of Olivares explores how Mexican lawmakers have attempted to strengthen trademark protection in the digital environment

Rafael Salomão Romano and Samantha Salim of Daniel Law outline how the instructions will improve transparency and accountability in the Brazilian pharmaceutical patent scene

It is important not to forget that the Civil Code states that debtors respond to the fulfilment of their obligations with their assets, except for all those assets considered by law as inalienable or which cannot be seized.

In view of its very large territory, Brazil has always faced many challenges implementing a successful anti-counterfeiting programme. Lack of a uniform approach and the absence of a political will to tackle IP infringements on a large scale were some of the problems that held IP owners back in the past.

For a long time, the Mexican Industrial Property Law remained static. However, in the last years, the law has been amended, having an impact on the lifespan of design registrations. Furthermore, due to the recent international commitments of our country, a new law has been approved further modifying the patent maintenance system.

The Brazilian Patent and Trademark Office recently announced three new fast-track options for the examination of patent applications, which are already in effect. These new fast-tracks are available for: (i) applications covering “technologies already available in the [Brazilian] market”; (ii) applications filed by local startups; and (iii) applications for “technologies resulting from [Brazilian] public funding.”

Eduardo Kleinberg and Santiago Zubikarai Gonzalez Mariscal of Basham Ringe y Correa analyse the new Federal Law for the Protection of Industrial Property, examining the ways in which it affects damages and conciliation

Edith Rivero and Victor Garrido of Dumont analyse provisions in the new Federal Law for the Protection of Industrial Property, including those relating to withdrawal of a priority claim, patentable subject matter, divisional applications, supplementary certificates and the Bolar exemption

Robert Daniel-Shores and Fábio Leme of Daniel Law examine lower courts’ interpretation of non-binding STJ decisions on injunctive relief in trade dress disputes

What are the leading IP objectives and challenges that your corporation, or your industry, pursue and face in Brazil?

On July 1 2020, and as a result of the entry into force of the United States–Mexico–Canada Agreement (USMCA), the new Federal Law for the Protection of Industrial Property was published, abrogating the current Industrial Property Law. It will come into force on November 5 2020.

It is not uncommon to hear that design protection is often underestimated or even forgotten compared to other forms of IP, like trademarks, patents, and copyright. In Brazil, that seems to be the case when you compare the average of 6,000+ design applications filed annually, with the 245,000+ trademarks and 28,000+ patents filings.

Brazil is one of the newest members of the Madrid Protocol. It has been part of the protocol since October 2 2019. An international system was long overdue and less than 10 months in it has received 5,500+ BR designations, covering 13,300+ classes.

Unfortunately, Mexico remains on the Watch List of the Annual Special 301 Report on Intellectual Property Protection and Review of Notorious Markets for Counterfeiting and Piracy compiled by the Office of the United States Trade Representative (USTR). In this document, the United States government reviews and evaluates the protection actions that governments have taken to fight against counterfeits and piracy. The document concluded that the Mexican government has so far not adequately implemented the necessary actions for the protection of intellectual property rights.

Brazil's legal system provides several options for IP owners to enforce their rights. Trade dress protection is not expressly foreseen in our law but falls within general unfair competition rules which basically forbid competitors to fraudulently divert third parties' clientele.

Amid the massive public health crisis caused by the fear of the spread of COVID-19, economies and societies around the world are facing hardship, with entire businesses brought to a sudden halt.

On October 2 2019, Brazil joined the Madrid protocol. The success of this can be proven by numbers.

The Brazilian PTO celebrated a remarkable achievement at the beginning of the new year. In just four months, the office managed to reduce the patent backlog by 14%. Further important milestones towards eliminating the backlog for good are expected to be reached throughout the year, as the office intends to reduce the backlog by 80% by 2021. This was all possible due to a pioneer project called the Preliminary Standardized Office Action Program, implemented in September 2019. Once the project is successfully completed, the PTO estimates it will take under 24 months to examine new applications.

Eduardo Kleinberg and Santiago Zubikarai of Basham evaluate the new industrial property legislation under consideration in Mexico, assessing changes to the law on damages, fines, the registration of trademarks and patents

Brazilian IP law believes that renowned marks deserve special protection in all fields of activity. Differently from well-known marks, which are protected within their field of activity and regardless of the existence of a local registration, renowned marks must be registered and then go through a specific proceeding at the BPTO for a declaration of high renown which will be valid for 10 years.