The Kellis IP Weekly: Issue 10.5
BRAZIL
Patents
INPI Participates in Multilateral PCT Meetings: Head of INPI’s PCT International Division Leonardo Gomes de Souza represented INPI at the Meeting of the PCT International Authorities in China earlier in October, as well as at an event celebrating the 30th anniversary of China’s accession to the PCT. In Chile, head of the PCT National Division Márcia Leal represented INPI at a meeting of the Latin American members of the PCT, at which Ms. Leal highlighted the increased use of the PCT in Brazil in recent months as well as INPI’s efforts to train users of the system. Ms. Leal also proposed, on behalf of INPI, increased regional cooperation regarding the PCT, including joint actions to harmonize procedures and share best practices. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-participa-de-reunioes-sobre-o-tratado-de-cooperacao-em-patentes (Portuguese). #PCT #patents #internationalcooperation
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), including an analysis of disputes, agreements, and public procurement involving trastuzumab; provides an overview of patents filed in Brazil relating to monoclonal antibodies for the treatment of HER2+ breast cancer; and sets forth the views of companies (including those holding patents for the monoclonal antibodies in question and those who would like to develop biosimilars thereof) regarding the main challenges and opportunities in the biological medicines sector. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-divulga-estudo-sobre-anticorpos-monoclonais-para-tratamento-de-cancer (Portuguese). #pharmaceuticals #patents #IPoffice
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
XANTYPLUS Trademark Cancelled Due to Similarity with XANTINON: For the second time in less than a month, União Química has won a nullity action based on similarity of the challenged mark—in this case, XANTYPLUS—to its registration for XANTINON. The decision by Judge Eduardo André Brandão de Brito Fernandes, of the 25th Federal Court of Rio de Janeiro, concluded that the use of the “xant” prefix in the XANTYPLUS mark, together with the fact that the products associated with both marks relate to liver health, could cause consumer confusion as to whether XANTYPLUS is related to União Química’s XANTINON portfolio. Judge Fernandes also rejected the defendant’s argument that the federal court lacked jurisdiction to hear the case, reasoning that jurisdiction was proper given the registration of the XANTYPLUS mark with INPI, a federal agency. See https://www.migalhas.com.br/quentes/418617/juiz-anula-marca-xantyplus-por-semelhanca-com-xantinon (Portuguese). #trademarks #trademarkcancellation
INPI Opens 90-Day Comment Period on Acquired Distinctiveness Act and Guidelines: Beginning October 25, the agency is accepting comments regarding drafts of the normative act and guidelines that will provide for the consideration of acquired distinctiveness during examination. Both the normative act draft and the draft guidelines are available for review on INPI’s website. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-abre-consulta-publica-sobre-distintividade-adquirida-de-marcas(Portuguese). #trademarks #acquireddistinctiveness #publicconsultations
Copyright
Audiovisual Economy Seminar Discusses Goals for 2025-2034: The seminar, hosted by the Ministry of Culture, featured speakers from the creative industries who called for better public policies to incentivize the creation and consumption of content made in Brazil, especially with respect to gaming and to creating content for diverse audiovisual “windows,” such as music videos, social media content, and streaming content. See https://www.gov.br/cultura/pt-br/assuntos/noticias/terceiro-e-ultimo-dia-do-seminario-economia-audiovisual-projeta-metas-para-2025-2034 (Portuguese). #IPpolicy #audiovisualindustry #gaming #strategicplanning
Audiovisual Industry to Be Represented on National Council for Industrial Development: Following a request by Minister of Culture Margareth Menenzes, the audiovisual industry has been invited to participate in the National Council for Industrial Development (CNDI). Vice President Geraldo Alckmin made the announcement at a signing ceremony for a cooperation agreement between the Ministry of Culture and the Brazilian Agency for Industrial Development (ABDI), pursuant to which a national survey on the audiovisual industry will be undertaken to help inform the 2025-2034 plan for Brazilian audiovisual strategy. See https://www.gov.br/cultura/pt-br/assuntos/noticias/minc-e-abdi-firmam-parceria-para-pesquisa-nacional-sobre-o-impacto-economico-do-audiovisual (Portuguese); https://www.gov.br/mdic/pt-br/assuntos/noticias/2024/outubro/alckmin-anuncia-entrada-do-audiovisual-no-conselho-nacional-de-desenvolvimento-industrial (Portuguese). #IPpolicy #audiovisualindustry
2024-2035 Audiovisual Plan to Be Opened for Public Consultation in Early December: The Working Group of the Superior Council of Cinema and the Ministry of Culture’s Secretariat of Audiovisual will work until December to draft the 2025-2034 Guidelines and Goals Plan (PDM), which will set forth strategic actions for development of the audiovisual sector. From December 2-13, 2024, the PDM will be open for public consultations, although the audiovisual secretariat will continue to gather feedback until the end of 2024. The Superior Council of Cinema will then compile the feedback received and prepare the final draft of the PDM. See https://www.gov.br/cultura/pt-br/assuntos/noticias/27o-encontro-da-sociedade-brasileira-de-estudos-de-cinema-e-audiovisual-e-marcado-por-debates-sobre-politicas-publicas-para-o-setor (Portuguese). #IPpolicy #audiovisualindustry #publicconsultations #strategicplanning
Municipalities Reach Agreement to Pay Copyright Royalties for Oktoberfest: The Santa Catarina city of Blumenau, and the Rio Grande do Sul cities of Igrejinha, Santa Cruz do Sul, Santa Rosa, and Cerro Largo reached an agreement with ECAD to pay royalties for publicly played music during the Oktoberfest celebrations in each location. Igrejinha and Santa Cruz do Sul will receive ECAD’s Seal of Recognition for their maintenance of regular payments to ECAD without legal issues, but the remaining cities have ongoing legal actions and are therefore ineligible for the recognition. See https://www.terra.com.br/economia/festivais-oktoberfest-no-sul-do-pais-fecham-acordo-para-pagamento-de-direitos-autorais,b709f6c5da815dcc8ac7ba78dcd303f4fvi9k6s7.html (Portuguese). #copyright #royalties #CMOs
Brazil Saw 23.5% Increase in 2023 Music Revenue, Remained 12th Largest Music Market: These statistics were included in the Global Collection Report released by the International Confederation of Societies of Authors and Composers on October 24 in Paris, which found that collections of music copyright royalties grew by 7.6% worldwide during 2023. The report also found that the digital segment, including audio and video streaming, is responsible for more than 87% of the growth in worldwide music copyright revenue since 2019. See https://billboard.com.br/arrecadacao-de-direitos-musicais-cresce-76-e-gera-r-72-bi-em-2023/(Portuguese). #copyright #music #royalties
Enforcement
INPI Issues Public Call Related to National Directory for Combatting Counterfeiting of GIs: The call, published in INPI’s October 29 Official Gazette, seeks documentation that will assist public agents working to combat counterfeiting of geographical indications. Acceptable documentation includes, for example, digital files with images of original and counterfeit products; information regarding licensed production and marketing locations for a given product; entry and exit routes of products in Brazil and throughout the world; technical guidelines on packaging and contents; and contact information for authorized representatives of GI owners. See https://www.gov.br/inpi/pt-br/projetos-estrategicos/combate-a-falsificacao-de-marcas/chamada-publica-diretorio-nacional-de-combate-a-falsificacao-de-ig.pdf (Portuguese); https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/chamamento-publico-para-o-diretorio-nacional-de-combate-as-falsificacoes-de-ig (Portuguese). #GIs #IPenforcement #counterfeits #publicprivatecooperation
Receita Federal Gathers Diverse Authorities for Training on Integrated Actions: The October 23rd event included representatives of Receita Federal, the Military Police, the Special Operations Battalion, the Federal Highway Police, the Federal Police, the Military Highway Police, the Civil Police, and others, and focused on improving communication and integration of efforts to combat counterfeiting and other crimes in the state of São Paulo. The event included a brand fair at which private associations Brand Protection Group (BPG) and the National Forum for Counterfeiting and Illegality (FNCP) showed attending authorities how to distinguish counterfeit from original goods for the brands they represent, and also included a discussion on sustainable uses of seized goods, such as the transformation of illicit TV boxes into computers. See https://www.gov.br/receitafederal/pt-br/assuntos/noticias/2024/outubro/receita-federal-em-bauru-promove-1o-seminario-integrativo-de-inteligencias-da-rota-caipira (Portuguese). #IPenforcement #interagencycooperation #counterfeiting
Over 100 Authorities Participate in Operation Blackbeard: Agents from Receita Federal and the Federal Highway Police kicked off the operation on October 29 and will continue their work for several weeks, expecting to seize large volumes of counterfeit goods with a total value of up to R$500 million. The operation, named after a famous pirate, seeks to disrupt not just the supply of counterfeit goods throughout the country, but also the commission of associated crimes including money laundering, corruption, slave labor, and damage to public health. See https://www.gov.br/receitafederal/pt-br/assuntos/noticias/2024/outubro/receita-federal-inicia-operacao-de-combate-ao-comercio-de-produtos-ilicitos (Portuguese). #IPenforcement #counterfeiting
Other
GIPI Seeks IP Consultancy to Develop and Implement Tech Transfer Training: The opportunity, worth $70,000, requires the selected consulting firm to develop a methodology for training in mediating partnerships between universities and companies, carry out three national online training courses and five regional training courses for up to 25 people each, and provide the training-related IP for future unrestricted use by the Brazilian government. See https://www.gov.br/propriedade-intelectual/pt-br/assuntos/noticias/2024/outubro/lancamento-do-edital-bid-em-parceria-com-o-mdic-para-consultoria-na-area-de-pi-transferencia-de-tecnologia (Portuguese). #GIPI #techtransfer #IPconsulting
GIPI Seeks Expressions of Interest for Private Sector Participation in GIPI’s 2024-2026 Term: Associations, civil organizations, and other entities that are headquartered in Brazil, have been established for at least five years, employ at least one IP specialist, and have a business objective relating to IP, tech transfer, R&D, or innovation are invited to apply for participation in GIPI’s meetings and activities for the rest of the 2024-2026 term by submitting an expression of interest to GIPI by November 7, 2024. Selected entities will be identified on November 14, 2024, and subsequently submitted to the GIPI plenary for approval. See https://www.gov.br/propriedade-intelectual/pt-br/assuntos/noticias/2024/outubro/processo-seletivo-para-participacao-da-sociedade-civil-no-grupo-interministerial-de-propriedade-intelectual-gipi (Portuguese). #GIPI #publicprivatecooperation #IPpolicy
INPI Offers Mentoring Programs for the Development of Innovative and Sustainable Businesses: The mentoring, offered in coordination with Sebrae’s Inova Cerrado and Inova Pantanal programs, will be offered to up to 30 projects per state for the states of Maranhão, Tocantins, Piauí, Bahia, Mato Grosso, Mato Grosso do Sul, Goiás, Distrito Federal, and Minas Gerais. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-realiza-mentorias-para-empreendedores-com-foco-no-cerrado-e-no-pantanal (Portuguese). #mentoring #entrepreneurship
Upcoming INPI Closures: The agency will be closed on Nov. 15 for Proclamation of the Republic Day and on Nov. 20 for Black Consciousness Day, with deadlines falling on these days extended to the next business day. Additionally, the agency will close at 2:00 pm on Dec. 24 and 31, and has announced that “deadlines that expire on these dates will be extended to the following business day” as well. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/confira-o-funcionamento-do-inpi-no-periodo-de-15-a-20-de-novembro (Portuguese); https://revistas.inpi.gov.br/pdf/Comunicados2808.pdf (Portuguese). #IPoffice
INPI Suffers IT Outage: For approximately 4 hours the morning of October 29, INPI’s IT systems were unavailable. The agency conducted emergency maintenance for one additional hour that evening, and has published a formal report acknowledging the outage. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/sistemas-estao-temporariamente-indisponiveis-nesta-terca-feira-dia-29-10 (Portuguese); https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/manutencao-emergencial-das-19-as-20h-de-hoje-29-10 (Portuguese); and https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/Relatriodeindisponibilidadetcnica20241029.pdf (Portuguese). #IPoffice #IT #lackoffunding
Non-IP Topics of Interest
Public Consultation for National Cultural Plan to Guide Next 10 Years: The Ministry of Culture’s public consultation will be open through the end of December, allowing for the submission of suggestions for goals and adjustments to the Plan’s basic text. The PNC guides public cultural policies in Brazil and seeks to guarantee cultural diversity, access to culture and the promotion of the country’s cultural development. See https://www.gov.br/cultura/pt-br/assuntos/noticias/minc-abre-processo-de-participacao-social-do-novo-plano-nacional-de-cultura (Portuguese). #culture #strategicplanning
Brazil to Launch Single Investment Window: Following in the path of more than 60 countries who already have a single investment window, the new platform will consolidate access to information, authorizations, and necessary procedures for private investors wishing to invest in Brazil in a single location. In announcing the program, Vice President Geraldo Alckmin described the window’s benefits as “attract[ing] investment and mak[ing] life easier for investors,” while also noting that the opportunities for investment in Brazil are “enormous.” See https://www.gov.br/mdic/pt-br/assuntos/noticias/2024/outubro/brasil-lanca-a-janela-unica-de-investimentos-para-facilitar-a-entrada-de-capital-estrangeiro (Portuguese). #investment #FDI
USTR Katherine Tai, Vice President Alckmin Discuss Expansion of U.S.-Brazil Relationship: The discussion, on the margins of the G20 Trade and Investment Ministers’ meeting in Brasília, focused on increasing collaboration in the area of semiconductors, as well as the production of ethanol and sustainable aviation fuel. See https://www.gov.br/mdic/pt-br/assuntos/noticias/2024/outubro/brasil-e-estados-unidos-debatem-oportunidades-na-area-de-semicondutores-e-combustivel-sustentavel (Portuguese). #internationalcooperation #bilateraltrade
COLOMBIA
Peaceful Coexistence = No Trademark Infringement: The Superior Court of Colombia declined to find trademark infringement in the case Crocs Inc. v. Evacol SAS, where two similar trademarks peacefully coexisted in the market for a long period without unfair competition or consumer confusion. See https://intellectual-property-helpdesk.ec.europa.eu/news-events/news/latest-news-colombia-2024-10-30_en (English). #tradmarks #trademarklitigation
Obligatory Transmission of Free-to-Air Television Signals Not a Copyright Exception: Television operators must pay copyright royalties for broadcasting copyrighted works even over free-to-air channels, per a ruling from the Supreme Court of Colombia. See https://intellectual-property-helpdesk.ec.europa.eu/news-events/news/latest-news-colombia-2024-10-30_en (English). #copyright #royalties
PARAGUAY
“Encourage Soccer, Discourage Piracy” Campaign Launched: DINAPI and the Paraguayan Soccer Association (APF) joined forces to launch the national campaign with the goal of reinforcing the fight against digital piracy and protecting Paraguayan soccer. At the kickoff presentation, APF President Robert Harrison highlighted the harms that result from digital piracy, while DINAPI head Claudia Quevedo discussed DINAPI’s role in combatting IP crimes. See https://www.dinapi.gov.py/portal/v3/noticias/detalle-noticia?idNoticia=491 (Spanish). #IPenforcement
PERU
INDECOPI Rejects ByteDance Trademark Opposition, Confirms Registration Decision of TIKI-TOKI: The decision, made by INDECOPI’s Specialized Chamber for Intellectual Property, concluded that despite phonetic similarities between the challenged mark and ByteDance’s TikTok mark, there is no risk of confusion because TIKI-TOKI is for products in the alcoholic beverages category. Moreover, as ByteDance did not make a first-instance claim that TikTok is a well-known mark, the court ruled that the argument was waived. See https://www.gob.pe/institucion/indecopi/noticias/1046604-el-indecopi-confirma-registro-de-marca-peruana-tiki-toki (Spanish). #trademarks #trademarkoppositions #consumerconfusion
U.S. PUBLIC CONSULTATIONS AND NOTICES
Kellis IP is available to assist in drafting or reviewing written comments responsive to public consultations.
No public consultations or notice to report.
UPCOMING IP EVENTS
*November 22, 2024: VIII Meeting on Development of Agroindustrial Processes. Online. https://uniube.br/eventos/edepa/ (Portuguese).
*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 17-19, 2025: XXIV ASPI Intellectual Property Congress. Sao Paulo, Brazil. https://congresso.aspi.org.br/ (Portuguese).
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.
