The Kellis IP Weekly: Issue 11.1
BRAZIL
Patents
G20 Health Ministers Agree on Creation of Vaccine Coalition: The coalition, to be headquartered in Brazil for two 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 ensure that vaccines reach developing countries more quickly than during the COVID-19 pandemic. The final declaration adopted by the G20 ministers affirms that the coalition will respect domestic and international legislation, including regarding IP. See https://epocanegocios.globo.com/mundo/noticia/2024/11/brasil-emplaca-no-g20-coalizao-para-facilitar-acesso-a-vacinas.ghtml (Portuguese). #pharmaceuticals #patents #internationalcooperation #G20
It's worth noting that “respecting domestic and international legislation, including regarding IP” does not foreclose the possibility of compulsory licensing of relevant patents, given that compulsory licensing is explicitly contemplated by existing legislation.
Patent Examiners Visit Factories: Under the National Confederation of Industry’s (CNI) “Getting to Know the Industry” program, twenty patent examiners visited factories specializing in biopharmaceuticals, generic drug production, and agrochemical production. The visit aligns with the 2023-2025 Action Plan for Brazil’s National IP Strategy, which calls for promoting the training of INPI employees to increase the speed and quality of the work performed, including for the protection of new technologies. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/examinadores-de-patentes-visitam-fabricas-de-biofarmacos-genericos-e-agroquimicos (Portuguese). #IPstrategy #IPoffice #patents
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
Exclusivity Over NUGGETS Mark Insufficient to Protect Advertising Campaign: Food producer BRF, which operates the Sadia brand, bought the rights to the mark NUGGETS from McDonalds in 1985, and has since been successful in defending its exclusive rights over that mark. Even so, following a complaint by competitor Seara, Sadia will have to change its most recent advertising campaign, which includes phrases such as “crunchy and tasty, very juicy, only Sadia has it,” and “original, 100% chicken, appetizing, only Sadia has it.” While the court affirmed Sadia’s exclusive rights in the mark NUGGETS, it also agreed with Seara that such trademark exclusivity does not allow Sadia to claim exclusivity over sensory and product attributes. The decision can be appealed. See https://oglobo.globo.com/blogs/lauro-jardim/post/2024/11/seara-denuncia-anuncio-de-nuggets-que-so-a-sadia-tem-e-conar-pede-alteracao.ghtml (Portuguese). #trademarks #trademarkcancellation
Globo Loses O PULO DO GATO Mark for Lack of Use: Brazilian media conglomerate Globo’s rights to the mark were challenged by competitor Band, which currently runs a radio program with the same name as the mark, on the basis of lack of use. Globo created the O Pulo do Gato soap opera in 1978, but INPI agreed with Band that the company has not used the mark for at least five years—despite Globo’s attempts to show use through its archival website and in YouTube videos (the latter of which, in INPI’s view, were not clearly authorized by Globo). Accordingly, the agency revoked the registration. See https://natelinha.uol.com.br/televisao/2024/11/05/globo-e-band-entram-em-pe-de-guerra-por-novela-dos-anos-70-218695.php (Portuguese). #trademark #trademarkrevocation #lackofuse #deadwood
INPI to Begin Registering Slogans: As of November 27, INPI will accept trademark applications containing slogans. INPI’s Director of Trademarks, Schmuell Cantanhede, held a Q&A session with interested users on Oct. 30 to discuss this change, and both his presentation as well as his recorded remarks are available for review. Only slogans that distinctively identify the brand, as opposed to those intended solely for marketing purposes, will be registerable. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-passara-a-aceitar-pedidos-de-registro-de-marca-com-elementos-de-propaganda (Portuguese); https://www.migalhas.com.br/depeso/419346/registro-de-slogan-como-marca-uma-nova-perspectiva-do-inpi (Portuguese). #slogans #trademarks #IPpolicy
INPI to Issue Certificates for Famous Marks: Beginning on Nov. 12, INPI’s Directorate of Trademarks will begin to issue certificates for all marks identified as well-known/famous. The certificate will include the mark, the mark’s registration number, the date the mark was recognized as famous, and the mark’s expiration date. The certificates will be searchable in INPI’s database. See https://revistas.inpi.gov.br/pdf/Comunicados2809.pdf (Portuguese). #trademarks #famousmarks
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
Condemned Soccer Star Liable for Copyright Infringement: Daniel Alves, the Brazilian soccer star sentenced to prison in Spain for rape, was ordered to pay R$80,000 to the composers of a song that Alves released as his own in 2020. The song, “Avião,” was originally written by Guiliano Matheus and Thiago Matheus, who then shared it with Alves during discussions regarding a potential music business partnership. The partnership never materialized, but Alves released the song in 2020, claiming—falsely, according to the court—that he had written it in 2015. See https://g1.globo.com/sp/sao-paulo/noticia/2024/10/29/daniel-alves-e-condenado-a-pagar-r-80-mil-de-indenizacao-por-se-apropriar-de-musica-de-sertanejos.ghtml (Portuguese). #copyright #copyrightinfringement
Brazil Asserts Copyright Ownership of Work Available for Sale on Amazon: The Brazilian government asked Amazon to take down a listing for a book that, according to the government, was written by employees of the Superior Electoral Court and the copyright of which therefore belongs to the Brazilian government. The book in question is nearly identical to the second volume of the Superior Electoral Court’s series “Notes: Voter Registrations: 1881-2008.” Additionally, the government asked Amazon for information about the number of copies sold so that it can “take . . . appropriate measures” regarding the seller. See https://www.gov.br/agu/pt-br/comunicacao/noticias/agu-notifica-amazon-para-suspender-venda-de-obra-que-viola-direitos-autorais (Portuguese). #copyright #noticeandtakedown #ecommerce
G20 Working Group on Culture Eyes Declaration with “Strong Message”: The G20 Working Group on Culture is holding its 4th meeting this week, with discussions on Wednesday, Nov. 6 focused on copyright and culture in the digital environment. Bruno Melo, coordinator of the group, stated that “[t]here is a consensus on the great impact of culture” on both economic and social development, and that “[c]ountries are interested in a declaration that conveys a strong message to the world about our areas of action.” A draft consensual text is expected to be presented at a ministerial meeting on Friday, Nov. 8. See https://www.gov.br/cultura/pt-br/assuntos/noticias/segundo-dia-do-gt-da-cultura-em-salvador-avanca-no-debate-sobre-direitos-autorais-e-cultura-digital (Portuguese). #IPpolicy #internationalcooperation #copyright #culture #G20
Enforcement
ANATEL Joins Integrated Foreign Trade System to Amplify Fight Against Piracy: The agency won approval from Receita Federal and the Secretariat of Foreign Trade to become part of Siscomex, which will facilitate its efforts to combat piracy on ecommerce platforms. ANATEL plans both to ensure strict compliance with applicable legislation through increased oversight, including as related to copyright, and also to automate its processes to combat piracy, such that illegal products can be blocked immediately upon detection. See https://convergenciadigital.com.br/governo/anatel-vai-integrar-controle-de-importacao-contra-pirataria/ (Portuguese). #digitalpiracy #IPenforcement #ecommerce
China, Brazil Begin Negotiations on MOU to Address Consumer Protection and Piracy: A November 6 meeting between Brazilian and Chinese authorities focused on laying the groundwork for an MOU between the two countries that would facilitate greater cooperation in combating piracy and improved information exchange and monitoring to ensure consumer protection. During the meeting, Brazil’s National Consumer Affairs Secretary Wadih Damous highlighted the need for a multilateral and coordinated approach to piracy. The meeting was also attended by CNCP Executive Secretary Andrey Corrêa and, on the Chinese side, by Vice Minister of the State Administration for Market Regulation, Liu Jun; Director-General of the Department of Innovative Standards Management, Xiao Han; and the Deputy Director-General of the Department of Law Enforcement and Inspection, Miao Dan. See https://www.gov.br/mj/pt-br/assuntos/noticias/brasil-e-china-fortalecem-parceria-pela-protecao-dos-consumidores-e-pelo-combate-a-pirataria (Portuguese). #IPenforcement #internationalcooperation
Other
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
Non-IP Topics of Interest
Year-to-Date Numbers Show Increase in Exports, Imports: Numbers published this week by MDIC show that year-to-date exports increased by 0.5% over the same period last year, while imports rose by 9.5%. The increase in exports is attributable to growth in the Extractive Industry and Manufacturing Industry sectors, which offset an 8.9% decrease in Agricultural exports, while the increase in imports is primarily attributable to Manufacturing Industry products, which saw a 9.9% increase—although both the Agriculture and Extractive Industry sectors also saw modest gains. See https://www.gov.br/mdic/pt-br/assuntos/noticias/2024/novembro/corrente-de-comercio-chega-a-us-506-bi-ate-outubro-crescimento-de-4-3 (Portuguese). #tradeflow
CHILE
INAPI, FIFARMA, CIF Chile Collaborate on IP Seminar: The Nov. 6 seminar entitled “Pushing the Limits: Driving Regional Growth through Innovation and Industrial Property” featured speakers from INAPI, WIPO, and the Chamber of Pharmaceutical Innovation (CIF) Chile, among others. Acting INAPI National Director Esteban Figueroa remarked that “industrial property is one of the essential conditions for a favorable environment for innovation,” “a facilitator of technological transfer,” and “an enabler of sustainable development.” WIPO Deputy Director General emphasized that IP is “a powerful catalyst for employment, investment and business growth,” and “an ally for economic and social development.” See https://www.inapi.cl/sala-de-prensa/detalle-noticia/seminario-empujar-los-limites-lideres-en-innovacion-y-propiedad-intelectual-se-reunen-para-impulsar-el-crecimiento-regional (Spanish). #publicprivatecooperation #IPpolicy
COLOMBIA
COP16 Ends with Decision to Create New Fund to Counter Biopiracy: Companies that use digital sequencing information to create products, such as those in the pharmaceutical and cosmetics industries, will be subjected to a tax of 1% of profits or 0.1% of revenue, according to a decision reached in the final moments of the COP16 conference in Cali. The collected funds will be distributed to countries in a manner proportional to the amount of biodiversity in those countries, with at least half intended to support Indigenous people and local communities. While the decision is non-binding even for members of the Convention on Biological Diversity (note that the U.S. is not a member), the plan is expected to see widespread adoption, including in the European Union. It remains unclear, however, how countries with existing benefit-sharing legislation will implement the decision. See https://www.vox.com/down-to-earth/381602/cop16-dsi-digital-sequence-information-explained (English). #ABS #biopiracy
PARAGUAY
DINAPI, CAFYF Partner for IP Workshop, Other Activities: The workshop, “Innovation in Crop Protection and Intellectual Property,” included remarks from the leaders of both organizations, with DINAPI Director Claudia Franco Quevedo highlighting the fundamental role that IP plays in the agricultural industry. Various panels addressed topics such as agribiotechnology, innovation, and the regulatory framework for crop protection, and USPTO representative Pamela Echeverria shared the U.S. perspective on innovation in crop sciences. See https://www.dinapi.gov.py/portal/v3/noticias/detalle-noticia?idNoticia=492 (Spanish). #agricultureIP
PERU
INDECOPI Celebrates Successes of National Commission of Biopiracy: During its first 20 years, the commission, chaired by INDECOPI, has resolved 170 cases of biopiracy in the patent system, thus “ensuring the protection of national biological resources and ancestral knowledge of Peruvian indigenous communities against attempts at misappropriation abroad.” The cases in question were detected in applications filed in the U.S., Brazil, and numerous other countries. See https://www.gob.pe/institucion/indecopi/noticias/1053503-peru-frena-170-intentos-de-biopirateria-de-nuestra-maca-camu-camu-y-otros-tesoros-naturales-en-el-mundo (Spanish). #biopiracy
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.
