Knowledge is power.

The Kellis IP Weekly

Since living in Brazil from 2021-2024 as the USPTO’s Intellectual Property Attaché for Brazil, Argentina, Paraguay, Uruguay, Guyana, and Suriname, Mr. Kellis has published the Kellis IP Weekly to help interested parties stay informed regarding intellectual property developments in Brazil and the surrounding region. If you have questions or concerns about any of the developments described in the Kellis IP Weekly and how those developments might impact your business, please contact Kellis IP.

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The Kellis IP Weekly: Issue 3.1
David Kellis David Kellis

The Kellis IP Weekly: Issue 3.1

Carnival inevitably means a slowdown in non-leisure activities, and the IP front is no exception. After last week’s Carnival celebrations, recent developments can be adequately highlighted through the In Brief format, as you will see below.

Additionally, in light of some upcoming changes, this will be the last issue of the Kellis IP Weekly—at least for now. Many thanks and best wishes to all who followed along.

In Brief:

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The Kellis IP Weekly: Issue 2.4
David Kellis David Kellis

The Kellis IP Weekly: Issue 2.4

Carnival and Copyright:  With Carnival just around the corner, Brazil's collective management agency, Ecad, has been working to ensure the proper payment of copyright royalties over the course of the holiday, with its many public celebrations.  Here is where things stand: . . .

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The Kellis IP Weekly: Issue 2.3
David Kellis David Kellis

The Kellis IP Weekly: Issue 2.3

CNCP Releases 2024 Annual Report:  The National Council to Combat Piracy highlighted 17 "principal actions and activities" of 2024 in the report, including:

  • First Meeting with Civil Police on Piracy and Contraband:  The event was attended by . . .

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The Kellis IP Weekly: Issue 2.2
David Kellis David Kellis

The Kellis IP Weekly: Issue 2.2

GIPI Revises National IP Strategy Action Plan:  In the final year of the 2023-2025 Action Plan, GIPI has taken the unprecedented step of significantly revising that plan. Changes fall into several categories, described below.

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The Kellis IP Weekly: Issue 2.1
David Kellis David Kellis

The Kellis IP Weekly: Issue 2.1

EUIPO's IPKey Releases Study on Economic Impact of IP in Brazil:  Brazilian policymakers and policy advocates no longer need to rely on inferences from the EUIPO's January 2022 study on the economic impact of IP in Latin America--which focused on countries other than Brazil--to demonstrate the importance of IP in Brazil, following the release of a Brazil-specific study.

  • Findings:  The Brazil study confirms that Brazil follows the same patterns found in other countries:  IP-intensive sectors employ 39.7% of the total Brazilian workforce, yet account for 50.2% of GDP, 64% of exports, and 84% of imports.  Additionally, jobs in these sectors offer pay that is, on average, 4.9% higher than pay in non-IP-intensive sectors.

  • Trends:  The study also looked at how these data are changing over time, and found that from 2011 to 2022 (the last year included in the study), employment attributable to IP-intensive sectors . . .

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The Kellis IP Weekly: Volume 2025, Issue 1.5
David Kellis David Kellis

The Kellis IP Weekly: Volume 2025, Issue 1.5

ABIFINA Publishes Interview with GIPI President Andrea Macera:  Ms. Macera is also the Secretary of Competitiveness and Regulatory Policy at MDIC.  She spoke with ABIFINA about Brazil's National IP Strategy and GIPI's efforts vis-à-vis that policy.  Here are some notable quotes from the interview:

  • On the Next Biannual Action Plan:  "For the next [National IP Strategy] Action Plan, which will be drawn up in the first half of 2025 and will come into force in the second half of the year, . . .

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The Kellis IP Weekly: Volume 2025, Issue 1.4
David Kellis David Kellis

The Kellis IP Weekly: Volume 2025, Issue 1.4

INPI Releases October-December Performance Numbers:  The numbers continue to show that applications in the biotechnology and telecommunications fields have the highest pendency.

  • Average Patent Pendency from Request for Examination:  Applications in the polymers and related technologies art unit received a technical decision within . . .

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The Kellis IP Weekly: Volume 2025, Issue 1.3
David Kellis David Kellis

The Kellis IP Weekly: Volume 2025, Issue 1.3

What's up at GIPI?  Since the Lula administration took office, the Interministerial Group on Intellectual Property has become increasingly opaque, a trend that accelerated in 2024.

  • Indicators:  In the last six months of 2024, GIPI issued just 3 press releases on the “News” section of its website. For purposes of comparison, here are the number of press releases issued by GIPI since the second half of 2021 (the last period prior to the Lula administration taking office):

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The Kellis IP Weekly: Volume 2025, Issue 1.2
David Kellis David Kellis

The Kellis IP Weekly: Volume 2025, Issue 1.2

INPI Releases 2024 Numbers: Much attention has been paid to INPI’s efforts to reduce patent pendency (and willingness to allow trademark pendency to creep up), but what about filing numbers? That data has now been released.

  • The Good:

    • Trademark filings continued to rise at INPI, reaching 444,037 applications filed--10.3% more than in 2023. 

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The Kellis IP Weekly: Volume 2025, Issue 1.1
David Kellis David Kellis

The Kellis IP Weekly: Volume 2025, Issue 1.1

What to Expect from INPI in 2025: After a year that included hiring new employees for the first time in seven years, reducing patent pendency, accepting slogans for trademark registration, and other developments, 2025 promises to bring more change at INPI.

Click below to read Volume 2025’s Issue 1.1.

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The Kellis IP Weekly: Issue 12.3
David Kellis David Kellis

The Kellis IP Weekly: Issue 12.3

Happy Holidays!

To all readers of the Kellis IP Weekly, happy holidays! May you find joy and peace as you celebrate this year, and best wishes for a happy and prosperous new year. We’ll be taking a break next week, which means this is the last issue of 2024. We hope to see you in 2025!

Click below to read Issue 12.3

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The Kellis IP Weekly: Issue 12.2
David Kellis David Kellis

The Kellis IP Weekly: Issue 12.2

EU-Mercosur Agreement (Again): Twenty-five years after negotiations commenced, and five years after completion of those negotiations was first announced, all chapters of the EU-Mercosur Agreement have now been finalized.  The agreement's text still needs to be cleaned up, after which France and Poland will try to block ratification by EU member states and the European parliament.

  • Copyright in focus: MDIC announced that when resumptions over the agreement recommenced in 2023, Brazil used the opportunity to add additional provisions regarding copyright to the document. While those provisions were not specifically identified, the IP chapter of the agreement contains extensive provisions regarding copyright, including

Click below to read Issue 12.2

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The Kellis IP Weekly: Issue 12.1
David Kellis David Kellis

The Kellis IP Weekly: Issue 12.1

Beginning with this issue, readers of the Kellis IP Weekly will begin to see major changes to the newsletter, as we seek a format that provides, as succintly as possible, more focused reporting on the most important recent developments regarding intellectual property in Brazil. Whether you like the changes or not, please send us your feedback so that we can deliver a product that you find useful and worth reading.

Click below to read Issue 12.1.

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The Kellis IP Weekly: Issue 11.3
David Kellis David Kellis

The Kellis IP Weekly: Issue 11.3

Modified Bill on AI Inventorship Moves Forward:  As originally introduced, PL 303/2024 would have amended Brazil’s IP law to allow the patenting of inventions created solely by AI.  Now, the rapporteur of the Chamber of Deputies’ Science, Technology, and Innovation Committee has recommended approval of a modified version of the bill.  Deputy Leonardo Gadelha’s (PODE-PB) substitute language would require patent applicants to specify, at the time of filing, the level of assistance provided by AI in the development of the invention: no assistance, partial assistance, predominant assistance, or fully autonomous assistance.  The term of protection afforded any resulting patent would vary . . .

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The Kellis IP Weekly: Issue 11.2
David Kellis David Kellis

The Kellis IP Weekly: Issue 11.2

Court Upholds Assignments Executed in the Pre-Streaming Era:  Famous musicians Erasmo Carlos (now deceased) and Roberto Carlos assigned their copyrights in 72 musical works to Editora Fermata do Brasil, through the execution of 47 contracts dating as far back as the 1960’s.  Unhappy with the minimal royalties they were receiving for the reproduction of the works in question via streaming services, however, the pair challenged the nature of those contracts, arguing that . . .

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The Kellis IP Weekly: Issue 11.1
David Kellis David Kellis

The Kellis IP Weekly: Issue 11.1

G20 Health Ministers Agree on Creation of Vaccine Coalition:  The coalition, to be headquartered in Brazil for the first 2 years before rotating to member countries, will rely on voluntary cooperation to improve access to vaccines, medicines, and diagnostics for orphan diseases and vulnerable populations.  A key purpose of the coalition is to . . .

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The Kellis IP Weekly: Issue 10.5
David Kellis David Kellis

The Kellis IP Weekly: Issue 10.5

INPI Releases Study on Patenting Scenario Surrounding Monoclonal Antibodies for Breast Cancer Treatment:  The study, coordinated by INPI and conducted by the Technical Group for Intelligence in Industrial Property under the Interministerial Group for Intellectual Property (GIPI), evaluates patent applications related to the monoclonal antibodies trastuzumab and pertuzumab (which are costly for Brazil’s universal health system, SUS, to acquire) . . .

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The Kellis IP Weekly: Issue 10.4
David Kellis David Kellis

The Kellis IP Weekly: Issue 10.4

Courts Prevent Retroactive Application of New Patent Appeal Guidelines:  Decisions from the 9th, 12th, and 25th Federal Courts of Rio de Janeiro have all concluded that INPI’s new patent appeal guidelines, which went into force on April 2, cannot be applied retroactively.  In the 9th Federal Court decision . . .

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The Kellis IP Weekly: Issue 10.3
David Kellis David Kellis

The Kellis IP Weekly: Issue 10.3

INPI Publishes September Patent Pendency Numbers: According to the agency, patent pendency in September, from filing to a technical examination decision, averaged 4.4 years (with specific technical area averages ranging from 3.3 years in the metallurgy and materials space to 5.7 years in the biopharmaceutical space), or 3.2 years counted from the filing of the request for examination (with specific technical area averages ranging from 2.1 years in the . . .

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The Kellis IP Weekly: Issue 10.2
David Kellis David Kellis

The Kellis IP Weekly: Issue 10.2

This week I had a conversation with an investor who routinely declines investment opportunities in Brazil—where he was born and raised—because “Brazil is not a serious country.”  He ultimately explained that as an investor, he cannot count on Brazilian institutions to act in a predictable way, and as a result cannot justify the risk associated with investments in the country.  This investor’s opinion is reflected in Brazil’s score on the . . .

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