The Kellis IP Weekly: Issue 10.2
BRAZIL
Patents
Johnson & Johnson Loses Bid to Extend Stelara Patent Term Through the Courts: J&J’s patent PI0113109-5, related to the drug Stelara, was granted 17 years after filing but with the benefit of the 10-year minimum patent term guarantee previously set forth in Article 40, sole paragraph of Brazil’s industrial property law. That provision, however, was declared unconstitutional by the Supreme Court in its 2021 ADI 5529 decision. In compliance with that decision, INPI then revised the expiration date of the J&J patent to August 7, 2021, exactly 20 years after filing. J&J subsequently sought a judicial order extending the term of the patent by 6 years and 3 months, citing excessive administrative delay, but Judge João Carlos Mayer Soares of the Regional Federal Court of the First Region concluded that the requested relief would violate the Supreme Court’s 2021 decision. ABIFINA and Farmabrasil Group, both entities associated with Brazilian generic drug manufacturers, both filed amicus briefs opposing J&J’s position in the case. See https://asbraf.com/trf-1-confirma-encerramento-de-patente-da-johnson-johnson-em-2021/ (Portuguese). #patents #PTA #ADI5529 #federalcourts #pharmaceuticals
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 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 at least partially reflected in Brazil’s score on the “Institutions” pillar of the Global Innovation Index, discussed below.
Unfortunately, the Supreme Court’s decision in ADI 5529 (which both invalidated a provision of law that had been relied upon for 25 years and applied that decision retroactively to patents in the health sector) exemplifies the type of unpredictable behavior that discourages investment. The decision in the more recent J&J case is also lamentable, as no reasonable person could believe that 17 years is an acceptable timeframe for patent examination, or that the remaining three-year effective patent term provides enough exclusivity to justify participation in the patent system. True, the decision in ADI5529 saved Brazil’s universal health system a significant amount of money by ending exclusivity on a number of drugs. True, extending the term of J&J’s patent to make up for the 17-year patent examination would result in the payment of higher prices for Stelara until the end of the adjusted patent term. But those costs are short-term and quantifiable. The losses Brazil incurs as a result of these and similar decisions—in the form of reputational harm that discourages investors from backing Brazilian entrepreneurs—will continue indefinitely and are unquantifiable. As such, they are significantly more harmful.
On the bright side, INPI has worked miracles in reducing patent pendency, such that those considering patent protection in Brazil today can expect to enjoy 10-15 years of effective patent term. But can they be sure that some future legislative change or judicial decision won’t rob them of their expected return on investment before—or even after (see the Bayer court case mentioned in Issue 9.2)—that return is realized? That’s the question that investors will keep asking until Brazilian institutions prove that Brazil is, in fact, a serious country. #investment #legalcertainty
Effort to Regulate Patent Agent Profession Reaches Congress: Deputy Júlio Lopes, President of the Joint Parliamentary Front in Defense of Intellectual Property and Combatting Piracy, filed PL 3876/2024 in the Chamber of Deputies on October 9, 2024. The bill would regulate the profession of patent agent and create an oversight body for the same. Brazilian citizens or permanent residents who are older than 18, have completed a course recognized by Brazil, and have passed a proficiency exam would qualify to become patent agents. The bill includes grandfathering provisions that would exempt current patent agents from having to pass the proficiency exam. See https://www.camara.leg.br/proposicoesWeb/prop_mostrarintegra?codteor=2483989&filename=PL%203876/2024 (Portuguese). #patents #patentagents #IPpolicy
Investments in Innovation Drive Patent Filings: Increases in research and development among private, public, and academic entities are driving an increased rate of patent filings in 2024. In Campinas, outside of São Paulo, the number of patent applications filed from the region is expected to be 10% higher than in 2024. See https://forumdesustentabilidade.com.br/308202-investimentos-em-inovacao-impulsionam-pedidos-de-patentes/ (Portuguese). #patents #R&D #patentfilings
Wisdom of Eliminating Period to Request Examination Questioned: With average patent pendency at INPI reduced to less than 6 years from the application filing date, one might suppose that INPI is wrapping up efforts begun in 2019 to reduce the patent backlog and speed up patent examination. To the contrary, however, INPI continues to push toward a goal of making a final patentability decision within 2 years from filing—a timeline that can only be achieved through the modification of Brazil’s Industrial Property Law to eliminate the current three-year period for requesting patent examination. PL 2,210/2022 would make that change, and the IP community is worried. Applicants requested examination between 30 and 36 months after filing for more than 84% of the 42,762 PCT national stage applications deposited in Brazil from 2017-2024, and for good reason: broadening amendments are permissible only before the request for examination is filed. See https://www.migalhas.com.br/depeso/416733/para-se-requerer-exame-de-pedido-de-patente-tres-anos-e-muito-melhor (Portuguese). #patents #IPpolicy #amendments
INPI – Dialogue with Patent Users: The Directorate of Patents, Computer Programs and Topographies of Integrated Circuits of Brazil’s INPI will host a user meeting on Nov. 22, in Rio de Janeiro. The event is the second in a “Permanent Dialogue with Interested Parties” project, with the first event being a trademark users meeting in September 2024. Registration for the Nov. 22 meeting, for which a location has not yet been defined, will be possible through Nov. 8 by taking a survey regarding the patent system at the following link. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/usuarios-de-patentes-essa-e-a-oportunidade-de-expor-sua-opiniao (Portuguese). #IPpolicy #patents
Trademarks
Big Brother Brasil Host Transfers Mark Before Departure from Globo: Days before resigning from his employment with Brazilian media conglomerate Grupo Globo, former Big Brother Brazil host Boninho began the process of transferring ownership of the registered mark BIG BOSS to the his then-employer. Boninho applied for the mark—which was his nickname over the years he hosted Big Brother Brasil—in January 2023, and Globo had already demanded a transfer of ownership of the mark before its registration in July 2024. The transfer was completed within two weeks of Boninho’s departure. See https://veja.abril.com.br/coluna/veja-gente/boninho-registrou-marca-da-globo-e-precisou-devolver-antes-de-demissao/ (Portuguese). #trademarks #IPownership
Appeals Court Overturns Ruling of No Trademark Infringement: Judge Newton Teixeira Carvalho of the 13th Civil Chamber of the Court of Justice of Minas Gerais ordered Freeart Seral to stop using the FREE ART mark, ruling in favor of plaintiff Free Art Indústria e Comércio. The plaintiff registered the mark with INPI in December 2002 for use with commercial furniture. Defendant Freeart Seral prevailed in the first instance, arguing that it operates in a different business sector and pointing to differences in the visual appearance of the parties’ brands. However, on appeal Judge Carvalho, together with Judges Alberto Henrique and Rogério Medeiros, gave greater weight to actual evidence of confusion, including the mistaken transmission of confidential documents from Freeart Seral to Free Art Indústria e Comércio, and reversed the trial court decision. See https://www.jusbrasil.com.br/noticias/empresa-e-condenada-por-usar-marca-semelhante-a-de-concorrente/360020449 (Portuguese). #IPinfringement #trademarklitigation #consumerconfusion #statecourts
Rapid Court Ruling Favors Trademark Holder: Plaintiff’s counsel hailed the speed and efficiency of the 2nd Business and Arbitration Disputes Court of the São Paulo Court of Justice after the issuance of a ruling upholding a preliminary injunction that was imposed in July. The ruling, which favors plaintiff Veja Fair Trade Shoes, concluded that the three defendants’ activities—including the sale of shoes utilizing Veja’s distinctive “V”, and the use of online domains using the words Vert and Veja to sell shoes—infringed Veja’s trademark rights. In addition to affirming the injunction, Judge Eduardo Palma Pellegrinelli has now ordered the three defendants to pay moral damages of R$20,000 and material damages in an amount to be determined. See https://valor.globo.com/legislacao/noticia/2024/10/09/fabricante-do-tenis-vert-vence-disputa-na-justica.ghtml (Portuguese). #trademarklitigation #IPinfringement #preliminaryinjunctions #statecourts
Court Reverses INPI Rejection of Trademark Application: The 2nd Specialized Panel of the Regional Federal Court of the Second Region (TRF-2) overturned INPI’s rejection of the mark YOUW as creating a risk of confusion with the previously registered mark YOO. The court reasoned that the graphic and verbal compositions of the marks are sufficiently different to avoid confusion, and that the widespread use of the term “you” in various market segments diminishes the scope of exclusivity of similar marks. See https://www.migalhas.com.br/quentes/417102/trf-2-anula-ato-do-inpi-que-vetou-marca-youw-por-conflito-com-yoo (Portuguese). #trademarklitigation #INPI #federalcourts
INPI – Dialogue with Trademark Users: Brazil’s INPI has launched a survey intended to help the agency better understand the necessities and expectations of users of the trademark system. The survey, which is only available in Portuguese, asks participants, for example, to rank items such as quality of examination, speed of examination, judicial certainty, access to information, etc. in order of importance; to list 5 themes about which the participant would like to receive more information or speak with INPI; etc. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-realiza-pesquisa-com-interessados-no-sistema-de-marcas (Portuguese). #IPpolicy #trademarks
Copyright
No developments to report (but see Non-IP Topics of Interest for news relevant to the audiovisual industry).
Enforcement
Soccer Club Brand Protection Program Goes Awry: Two partners from brand protection company NoFake were arrested for extortion as a result of their efforts on behalf of thirteen soccer clubs (including, for example, Palmeiras and Vitória) to stem the sale of trademark-infringing goods by artisans and entrepreneurs selling handcrafted goods bearing the clubs’ brands. NoFake scoured the Internet for evidence of counterfeit goods, purchased sample goods to gather more information, then contacted the sellers and demanded a paid settlement, with a dollar amount based on the number of the target’s social media followers, to avoid court proceedings. In addition to the arrest, authorities froze the company’s bank accounts, seized the company’s property, and suspended the company’s activities. See https://www.estadao.com.br/esportes/futebol/artesas-entram-na-mira-de-clubes-de-futebol-por-uso-irregular-de-marcas/ (Portuguese). #IPenforcement #counterfeits
False-Bottom Trucks on Friendship Bridge Seized by Brazilian Customs Authorities: In just the past week, Brazilian authorities have seized 8 false-bottom trucks crossing the relatively new Friendship Bridge from Paraguay to Brazil, seizing large amounts of contraband and/or counterfeit goods in the process. In advance of the most recent seizure, involving three tractor-trailers, one of the drivers exited his vehicle, unhitched the trailer, turned around on the bridge, and returned to Paraguay, leaving the trailer in the middle of the road. The seizure yielded illegal tires, auto parts, and pesticides, in addition to conventional and electronic cigarettes, with a total estimated value of R$10 million. See https://www.h2foz.com.br/fronteira/apreensao-gigante-ponte-amizade-10-milhoes-mercadorias/ (Portuguese). #counterfeits #IPenforcement #customs
Cell Phones, Accessories, and Other Electronics Seized in Southern Brazil: Receita Federal agents in Porto Alegre and Novo Hamburgo raided seven locations in Novo Hamburgo, São Leopoldo, and Gravataí over two days, seizing 4 tons of contraband and counterfeit goods worth more than R$2 million. Authorities targeted the locations in question due to listed prices lower than those charged in official stores and other signs of counterfeiting. See https://www.correiodopovo.com.br/not%C3%ADcias/pol%C3%ADcia/receita-federal-realiza-opera%C3%A7%C3%A3o-contra-o-com%C3%A9rcio-ilegal-de-celulares-na-regi%C3%A3o-metropolitana-1.1537226 (Portuguese). #counterfeits #IPenforcement #customs
Two Receita Federal Operations Focus on IP Enforcement: Following verification of reports of counterfeit products at a massive e-commerce warehouse in São Paulo, Receita Federal launched Operation Bad Toys on October 9. Under the operation, launched just days before Brazil’s Children’s Day, agents from Receita Federal and the São Paulo State Institute of Weights and Measures raided the warehouse to search for counterfeit goods. Separately, Receita Federal agents in the state of Mato Grosso partnered with the Civil Police of Cuiabá for Operation Pinocchio, targeting counterfeit goods sales and distribution networks with the expectation that tons of counterfeit products will be seized. See https://www.gov.br/receitafederal/pt-br/assuntos/noticias/2024/outubro/receita-federal-realiza-a-operacao-bad-toys (Portuguese); https://www.gov.br/receitafederal/pt-br/assuntos/noticias/2024/outubro/operacao-pinoquio-receita-federal-intensifica-combate-a-pirataria-e-protecao-ao-consumidor-em-cuiaba-mt (Portuguese). #counterfeits #IPenforcement #customs
Other
Brazil, Fellow BRICS Countries Share Same Primary Shortcoming in GII Rankings: Brazil and its BRICS partners, except for India, share the same principal shortcoming in the recently released Global Innovation Index: poor performance in the “Institutions” portion of the scoring. Of the seven “pillars” on which countries were assessed to determine the GII rankings, Brazil, Russia, China, and South Africa all scored in the worst on the Institutions pillar—as did 20% of the 50 most innovative economies identified by the report. This pillar takes into account factors such as “operational stability for businesses,” “government effectiveness,” “rule of law,” “policy stability,” and “entrepreneurship policies and culture.” See https://www.jota.info/artigos/lideres-na-inovacao-ingredientes-de-sucesso-no-global-innovation-index (Portuguese); https://www.wipo.int/web-publications/global-innovation-index-2024/en/appendix-iii-sources-and-definitions.html (English). #WIPO #GII #IPpolicy
INPI Suspends Deadlines Due to G20 Summit: The Rio de Janeiro government declared Nov. 18-19 holidays in an effort to reduce traffic flow during the G20 Summit, which will be held in the city. With Nov. 20 already a holiday, INPI announced that deadlines expiring from Nov. 18-20 will be automatically extended to Nov. 21, 2024. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-ira-prorrogar-prazos-em-funcao-dos-feriados-de-18-a-20-11 (Portuguese); https://revistas.inpi.gov.br/pdf/Comunicados2805.pdf (Portuguese). Update: INPI has confimed that this suspension of deadlines applies only to inventors, applicants, attorneys, and others resident in Rio de Janeiro, as only Rio residents will be affected by the special holiday declared for the G20 summit. #IPoffice #patentprocedure #trademarkprocedure
INPI Announces Management Excellence Model Score: With “excellence” as a core value and a vision of becoming a world-class IP office, INPI’s 2023-2026 Strategic Plan includes a goal to reach, by 2026, the bronze level within the National Quality Foundation’s (NQF) Management Excellence Model. In furtherance of that goal, INPI signed an agreement with the NQF on September 21, 2023 and completed an initial “management maturity” self-evaluation. INPI has now published the results of that self-evaluation, in which the agency scored 299.75 of 1000 possible points, placing the agency within the 3rd scoring tier. That overall score reflects INPI’s assessment of each of the following areas of focus (INPI’s self-evaluated percentage score is in parentheses): commitment (38.1%), responsibility (55.4%), leadership (48.6%), systematic thought (44.6%), processes (64.6%), innovation (33.2%), culture (48.6%), and results (10.5%). To reach the bronze level, INPI will need to improve scores enough to reach at least the 5th scoring tier. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-divulga-cartilha-do-modelo-de-excelencia-da-gestao (Portuguese); https://www.gov.br/inpi/pt-br/governanca/excelencia-da-gestao/cartilha-meg_ccom_publico-externo_27092024.pdf (Portuguese); https://www.gov.br/inpi/pt-br/governanca/excelencia-da-gestao (Portuguese). #INPI #IPoffice #managementexcellence
We don’t often see the results of critical self-reflection in today’s world, where appearances are prized over substance. The information INPI published regarding its management excellence scorecard is remarkable in two ways: first, because it demonstrates that INPI’s self-evaluation was very likely honest, given that INPI gave itself a (relatively poor) grade of 299.75 out of 1000; and second, because in publishing the data, INPI has acknowledged to the world that it has some serious work to do to reach its goal. INPI could have easily given itself high marks, even if undeserved, or simply kept its analysis unpublished. But by sharing its analysis with the world, INPI demonstrates a willingness to be held accountable for its progress—and that, in turn, evidences a sincere desire for improvement.
Bill to Officially Recognize WIPO Office in Brazil Leaves Chamber for Senate: WIPO and Brazil entered into an agreement in 2009 to allow the former to maintain an Office of Coordination in Brazil. Following the expiration of that agreement, a renewal agreement was reached on December 12, 2023. However, until the agreement is approved by the National Congress, WIPO’s Rio office does not officially exist, leaving the entity without a CNPJ (similar to an EIN in the U.S.), with its employees unable to work in the office and all WIPO activities in Brazil being coordinated from Geneva. On October 8, Deputy Júlio Lopes successfully requested urgent treatment of a legislative decree (PDL 271/2024) introduced in May 2024 to approve the renewal agreement, which the Chamber of Deputies subsequently approved. The text now goes to the Senate for consideration. See https://www.camara.leg.br/noticias/1101496-CAMARA-APROVA-RENOVACAO-DE-ACORDO-PARA-FUNCIONAMENTO-DA-SEDE-DA-OMPI-NO-BRASIL (Portuguese); https://www.camara.leg.br/proposicoesWeb/fichadetramitacao?idProposicao=2434474 (Portuguese). #WIPO #internationalcooperation
Non-IP Topics of Interest
Exports to US Hit Record: Although China became the top destination of Brazilian exports in 2009, the U.S. remains the largest destination for exports of manufactured goods. In 2023, a record 9,553 companies exported products worth US$29.9 billion to the U.S. Only the Mercosur trade block, comprising Brazil’s neighbors Argentina, Paraguay, and Uruguay, receives Brazilian goods from a larger number of companies. Notably, from 2019 to 2023, every region of Brazil has seen growth in exports to the U.S., in amounts ranging from 9.5% (in Brazil’s North region) to 40.4% (in Brazil’s Midwest region). See https://www.gov.br/mdic/pt-br/assuntos/noticias/2024/outubro/estudo-mdic-amcham-aponta-recorde-historico-de-9-553-empresas-brasileiras-exportando-para-os-eua (Portuguese); https://www.gov.br/mdic/pt-br/assuntos/comercio-exterior/estatisticas/outras-estatisticas-de-comercio-exterior-1/estudo_amcham_brasil_estados_unidos.pdf/view (Portuguese).
Ministry of Culture Pushes Bill to Create State-Owned Audiovisual Company: The proposed company, Bahia Filmes, would seek investments, promote new productions, operate public movie theaters, distribute films, and oversee partnerships with streaming platforms and TV stations. Directors, advisors, and analysists would be among the company’s 26 employees, and the company would have a budget of R$22 million per year to accomplish its vision of giving voice and visibility to stories that don’t reach the general public while strengthening the cultural identity of Bahia. See https://www.gov.br/cultura/pt-br/assuntos/noticias/minc-participa-da-entrega-do-pl-que-cria-a-bahia-filmes-primeira-empresa-estadual-de-audiovisual-do-brasil (Portuguese). #audivisualindustry #stateownedenterprises
ANCINE Evaluates 2024 Screen Quota While Preparing 2025 Proposal: The National Film Agency released extensive data regarding the film industry in Brazil as it evaluates 2024 performance and develops a screen quota proposal for 2025. According to the data, since the screen quota was reinstated by Law 14,814 in January 2024, the percentage of screenings of Brazilian films relative to total screenings rose from 7.5% in 2023 to 14.5% in 2024 (a 93% increase), and the percentage of moviegoers who opted to watch Brazilian films rose from 3.2% in 2023 to 8.3% in 2024 (a 159% increase). However, audiences for Brazilian films remain significantly smaller than for foreign films, which ANCINE attributes in part to the greater number of foreign films shown in theaters during times of peak demand. Accordingly, the agency is considering whether to include requirements for showings by time of day in its 2025 proposal. See https://www.gov.br/cultura/pt-br/assuntos/noticias/ancine-inicia-processo-de-elaboracao-da-cota-de-tela-2025 (Portuguese); https://www.gov.br/ancine/pt-br/centrais-de-conteudo/publicacoes/apresentacoes/Apresentaooitivacotadetelaoutubrode2024PanoramadeMercado.pdf (Portuguese). #audiovisualindustry #ANCINE #screenquotas
National Counsel of Justice Introduces Resolution Expected to Enhance Efficiency of Employment Dispute Resolution: After a 2017 revision to Brazil’s labor code (made to permit parties to settle employment disputes outside of the courts) failed to achieve its intended effects, a new resolution from the National Counsel of Justice aims to improve the situation. The resolution provides guidelines for securing approval of an extrajudicial dispute settlement and release, identifies specific claims that may not be included in such an agreement, prohibits partial approval of settlement agreements, and provides a phased approach for implementation. If successful, the resolution will yield improved efficiency and fairer and more comprehensive settlements, while reducing recourse to the courts. See https://www.mondaq.com/brazil/employee-rights-labour-relations/1528192/new-developments-on-the-enforceability-of-releases-in-brazil (English). #employmentdisputes #ADR
ARGENTINA
Uruguay’s Adherence to PCT Leaves Argentina Increasingly Exposed. Argentine IP attorney Martin Bensadon, writing for news outlet La Nacion, observed that with Uruguay joining the Patent Cooperation Treaty, Argentina’s remaining company of non-adherents to that treat is “a handful of unruly countries” such as Venezuela and Afghanistan. Mr. Bensadon further highlights the economic benefits of participating in the PCT as well as the benefits that Uruguayan inventors will now enjoy, including an extra 18 months to seeking funding before making a final decision as to whether to pay for patent protection outside Uruguay. See https://www.lanacion.com.ar/economia/innovacion-desregulacion-y-patentes-lo-que-argentina-puede-aprender-de-uruguay-nid24092024/ (Spanish). #PCT #patents #IPpolicy
URUGUAY
Uruguay Deposits Instruments of Accession to the PCT, Budapest Treaty: DNPI Technical Director Santiago Martínez and Minister of Industry, Energy and Mining Elisa Facio met with WIPO Director General Daren Tang at WIPO Headquarters in Geneva on October 7 to deposit the documents. Uruguay will spend the next 90 days preparing for implementation of the treaties, including through participant training and adaptation of existing processes. At the deposit ceremony, Minister Facio stated that “Today [Uruguay] provides [Uruguayan inventors and innovators] with a necessary tool to compete and prosper in an increasingly agile and globalized world.” See https://www.gub.uy/ministerio-industria-energia-mineria/comunicacion/noticias/ministra-facio-efectuo-deposito-adhesion-uruguay-pct-instrumento-entrara (English). #patents #PCT #budapesttreaty #treaties #IPpolicy
U.S. PUBLIC CONSULTATIONS AND NOTICES
Kellis IP is available to assist in drafting or reviewing written comments responsive to public consultations.
USPTO – Final PTAB Practice Rule: The USPTO announced on October 9, 2024 the issuance of a final rule that allows parties to proceed without backup counsel upon a showing of good cause, and also facilitates the pro hac vice admission of attorneys not registered with the USPTO but who have previously been recognized pro hac vice in a prior PTAB proceeding. See https://www.uspto.gov/about-us/news-updates/expanding-opportunities-practice-ptab (English). #patents #patentappeals #PTAB
*Closes soon* USTR - Request for Comments on Significant Foreign Trade Barriers for the 2025 National Trade Estimate Report: USTR prepares the NTE Report annually, addressing significant foreign barriers to U.S. exports of goods and services, including intellectual property. IP is one of 13 specified categories in which USTR seeks comments, and within South America Brazil, Argentina, Bolivia, Chile, Ecuador, Paraguay, Peru, and Uruguay are all identified as countries of interest for comments. Written comments due October 17, 2024. See https://www.govinfo.gov/content/pkg/FR-2024-09-03/pdf/2024-19694.pdf (English). #IPpolicy #tradebarriers #publicconsultations
*Closes soon* USPTO - Request for Comments on 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence: USPTO published the updated examination guidance on July 17, 2024, and recently extended the comment period. Written comments now due October 16, 2024. See https://www.federalregister.gov/documents/2024/09/17/2024-21085/2024-guidance-update-on-patent-subject-matter-eligibility-including-on-artificial-intelligence (English). #IPpolicy #patentexamination #patents #AI #patenteligibility
*Closes soon* USTR - Request for Comments on 2024 Review of Notorious Markets for Counterfeiting and Piracy: The United States Trade Representative has published a request for comments identifying online and physical markets to be considered for inclusion in the 2024 Review of Notorious Markets for Counterfeiting and Piracy (Notorious Markets List). The 2024 list’s “issue focus” will be online pharmacies and counterfeit medicine. The written comments deadline has passed. Rebuttal comments due October 16, 2024. See https://www.govinfo.gov/content/pkg/FR-2024-08-16/pdf/2024-18337.pdf (English). #IPenforcement #publicconsultations #counterfeits #piracy
UPCOMING IP EVENTS
^October 24-26, 2024: AIPLA 2024 Annual Meeting. National Harbor, Maryland. https://www.aipla.org/home/meetings-education/2024-annual-meeting (English).
*November 29, 2024: VIII Meeting on Development of Agroindustrial Processes. Online. Sponsored by the University of Uberaba (Uniube).
*January 22-24, 2025: World Intellectual Property Forum. Dubai. https://www.worldipforum.com/ (English).
* January 27-28, 2025: International Intellectual Property Lawyers Association Conference. Dubai. https://iipla.org/events/dubai/ (English).
March 20-23, 2025: XX ABAPISUL Regional Meeting. Foz do Iguaçu, Brazil. https://abapi2.org.br/ (Portuguese).
* Indicates events at which I will be speaking.
^ Indicates events I will be attending.
QUESTIONS OR CONCERNS
Kellis IP is available to provide consulting services to help you understand and respond to any of the developments highlighted in this newsletter, or any other IP issues in Brazil and the surrounding region.
