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As it is widely known Brazil is, currently in amidst its presidential election, possibly one of the most heated and controversial of our history.

That being said, like all controversy there is hope for improvement, including in matters related to Intellectual Property. With the intention to promote a more in-depth discussion about the subject the Brazilian Association of Intellectual Property (ABPI) sent 10 (ten) proposals with the objective to improve the current system of Intellectual Property in our country, including reducing the time to examine and grant patent and trademark applications, regulations about applications related to Biodiversity Patents, and, also, the creation of courts specialized in Intellectual Property.

Shortly, the main changes proposed are:

– Decrease in the time to analyze and grant patents and trademarks applications, in accordance with the Madrid Protocol, which was recently signed by Brazil;

– Administrative autonomy to the BPTO, including the modernization of the physical structure and training of employees;

– Regulation of research, development and patentability of inventions that include Brazilian biodiversity and genetic resources, since, according to the proposal “the legislation imposes unnecessary obstacles to national research and is ineffective to prevent cases of biopiracy”;

– Renovation of the Industrial Property Law (9.279/96,) and Innovation Law (10.973/04), in order to facilitate the acquisition of credit for innovation and creation of an inventive program such activities;

– To not be necessary, anymore, to obtain an approval of the National Sanitary Surveillance Agency for cases of Pharmaceutical Patents, that, nowadays, require the approval of the agency to be properly granted by the BPTO.

The Association also suggests more rigorous punishments for violations of Intellectual Property rights, both in the civil and criminal courts, requiring more courts specialized in this subject.

Lastly, it proposes the modernization and consolidation of copyright norms and a more rigid enforcement in the fight against piracy. One way to do this would be to strengthen the National Council for Combating Piracy of the Ministry of Justice and the fight against crimes against Intellectual Property.

Sincerely, we hope that all such proposals are approved, in order to improve our Intellectual Property System.

Lawyer Author of the Comment: Ellen Pires Camargo


Headline: Dez propostas para a melhoria do sistema de Propriedade Intelectual no Brasil

“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.”
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