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 rose by 3.2%; the contribution of IP-intensive industries to GDP rose by 5.7%; the salary premium in IP-intensive industries decreased by 6.8%; the contribution of IP-intensive sectors to exports of goods increased by 0.3%; and the contribution of IP-intensive sectors to imports of goods decreased by 2.9%.

• Who are we talking about?:  IP-intensive sectors vary by type of IP, but the top three IP-intensive sectors in patents are manufacturing of petroleum-refining products; manufacturing of basic petrochemical products; and R&D in the physical and natural sciences.  In trademarks, the top three sectors are management of non-financial intangibles, manufacturing of pharmaceutical preparations, and magazine publishing; in industrial designs the top three sectors are manufacturing of cutlery items, manufacturing of toys and recreational games, and manufacturing of synthetic material footwear; and in copyright the top three sectors are printing of newspapers, books, magazines, and other periodicals, printing of materials for other uses, and prepress services.

• Read more:  https://ipkey.eu/sites/default/files/ipkey-docs/2025/IPKEY_LATAM_Study_Brazil_A_contribuicao_economica_das_industrias_intensivas_em_Direitos_de_Propriedade_Intelectual_no_Brasil_PT.pdf; https://ipkey.eu/en/latin-america/news/euipo-unveiled-groundbreaking-study-economic-impact-ipr-intensive-industries; https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/lancado-estudo-sobre-impacto-de-dpis-na-economia-brasileira; https://www.gov.br/mdic/pt-br/assuntos/noticias/estudo-mostra-impacto-de-direitos-de-propriedade-intelectual-na-economia-brasileira

Court Rules for Trademark Owner in Infringement Dispute:  Brazilian retailer Casas Bahia and shipping company VVLOG Logística LTDA, joint defendants in a trademark infringement case brought by plaintiff VLOG Logística LTDA, were enjoined by a Santa Maria court from further use of the brands VVLOG LOGÍSTICA and ENVVIAS POR VVLOG.

• Additional remedies:  The defendants were also ordered to pay material and moral damages, and to remove the marks in question from social media, websites, clothing, cards, and trucks. 

• Background:  The plaintiff obtained a certificate of registration for the mark VLOG LOGÍSTICA from INPI on March 17, 2020.  Thereafter, the defendants sought to register the marks VVLOG and ENVVIAS POR VVLOG, but those applications were denied in light of the plaintiff's existing registration.  Even so, they began to use VVLOG in commerce.

• Ample confusion:  The court had no shortage of evidence of actual consumer confusion.  Poor service by the defendant shipping company led to a large number of complaints made to the plaintiff about the defendant's services, as well as improperly directed complaints on Reclame Aqui, a website where users can publicly air their grievances in an effort to seek the seller's attention.

• Read more: https://www.jota.info/justica/juiz-determina-que-casas-bahia-deixem-de-usar-nome-vvlog-por-uso-indevido-de-marca

In Brief:

• INPI released a study entitled "Unlocking IP Finance in Brazil:  how the experience of relevant markets can help Brazil move forward."  https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-lanca-estudo-sobre-o-ip-finance-no-brasil

•  INPI launched an examiner-initiated applicant interview program, whereby examiners will reach out to applicants' representatives to resolve examiner questions.  The examiners will reach out by email to schedule a call, and the applicant has the option of accepting the request or not.  https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/contato-direto-com-o-usuario-esse-comunicado-e-para-voce

• PL 2695/24 would classify the import or export of counterfeit products as smuggling, a crime that carries higher penalties than those currently applied.  The bill was proposed by congressman Sóstenes Cavalcante (PL-RJ), and will be analyzed by the Constitution, Justice, and Citizenship Committee (CCJ) before going to the Chamber plenary.  https://www.camara.leg.br/noticias/1100180-projeto-tipifica-importacao-e-exportacao-de-produto-falsificado-como-contrabando

• The Federal Police in the northern Brazil state of Piauí launched Operation Conexão Cajueiro, resulting in the arrest of five individuals--including two police officers--who participated in a clandestine operation that smuggled counterfeit clothing and illegal cigarettes into Brazil from neighboring Suriname, for sale in São Paulo.  https://g1.globo.com/pi/piaui/noticia/2025/01/23/pf-deflagra-operacao-contra-grupo-que-recebia-mercadorias-estrangeiras-em-portos-clandestinos-no-litoral-do-piaui.ghtml

•  Since the Supreme Court's decision in ADI 5529, eliminating the guaranteed minimum patent term of 10 years, 67 cases seeking an extended patent term have been filed in Brazil.  Of those cases, only six have seen an injunction maintaining the patent-in-suit in force, and only two of those injunctions are still in force.  Additionally, 20 of those cases have already been rejected (with two rejections affirmed on appeal).  https://app.abpi.org.br/FlowPaper/simple_document.aspx?doc=RABPI%20193.pdf#page=41

•  Patent filings in Brazil for weight-loss drugs are on the rise, according to an analysis by IP law firm Daniel.  Most applicants are from the U.S., followed by South Korea, Denmark, China, and Switzerland.  https://www.daniel-ip.com/en/articles/the-growing-market-for-weight-loss-treatments-innovation-patents-and-the-future-of-glp-1-agonists/

•  InterDigital launched a multijurisdictional attack--including in Rio de Janeiro--on the Walt Disney Company over alleged infringement of video encoding patents.  The plaintiff is represented in Brazil by Licks Attorneys.  https://www.juve-patent.com/cases/interdigital-launches-attack-on-disney-at-multiple-venues-including-upc/

•  Supreme Court Minister Alexandre de Moraes ordered that the book "Jail Diary," written by Ricardo Lísias under the pseudonym Eduardo Cunha--the name of a former congressman who was arrested in Operation Lava Jato, and who had already announced he would produce a book when "Jail Diary" was released--be removed from circulation.  Minister Moraes also ordered the publisher to allow the actual Eduardo Cunha to publish a reply to the novel on the publisher's site.  https://www.jota.info/stf/do-supremo/moraes-determina-retirada-de-circulacao-de-livro-assinado-sob-pseudonimo-de-eduardo-cunha

• President Lula renewed his call for Congress to pass a fake-news bill, and said that if Congress fails to act, the Supreme Court will have no choice but to assume the responsibility for defining rules and punishments for misinformation, encouragement of violence and sexual exploitation.  The last iteration of the fake news bill include extensive copyright-related provisions, but whether any future bill would include such provisions remains to be seen.  https://veja.abril.com.br/coluna/radar/lula-diz-que-redes-sociais-sem-regulamentacao-baguncam-a-economia/

• The Ministry of Culture's free streaming platform for Brazilian works will launch in the second half of 2025, a delay from the original November 2024 launch target.  The platform, named Tela Brasil, will have 111 feature films, 64 medium-length films or TV movies, and 272 short films, licensed to the platform on a non-exclusive basis for 4 years at a total cost of R$4.2 million.  https://veja.abril.com.br/coluna/radar/quanto-o-ministerio-da-cultura-vai-pagar-por-filmes-de-streaming-gratuito/

• The IPKey Latin America Summitt 2025 was held on February 4 in Rio de Janeiro, featuring discussions regarding the economic impact of IP, piracy, and IP promotion.  https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/ip-key-la-summit-2025-destaca-impacto-economico-pirataria-e-novas-experiencias-em-promocao-da-pi

• The European Commission's IP Helpdesk publishes a series of case studies of European SMEs thriving in Latin America.  https://intellectual-property-helpdesk.ec.europa.eu/news-events/news/just-released-stories-european-smes-thriving-latin-america-2025-01-31_en

• Paraguay has launched a pilot project to issue digital trademark registration and renewal certificates, which will run until May 31, 2025.  https://www.clarkemodet.com/novedades-legislativas/la-oficina-de-pi-de-paraguay-lanza-un-plan-para-la-emision-electronica-de-certificados-de-marcas/

• Paraguay's DINAPI released its 2024 Management Report, highlighting agency statistics and achievements during the past year.  https://www.dinapi.gov.py/portal/v3/noticias/detalle-noticia?idNoticia=505

UPCOMING IP EVENTS

February 20-21, 2025: AIPPI Midterm Meeting. Zagreb, Croatia. https://www.aippi.org/event/2025-aippi-midterm-meeting/ (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).

^May 17-21, 2025: INTA 2025 Annual Meeting. San Diego, CA, USA. https://www.inta.org/events/2025-annual-meeting/ (English).

June 8-10, 2025:  ASIPI El Salvador Seminar. El Salvador. https://asipi.org/event/seminario-el-salvador-2025/ (Spanish).

August 17-19, 2025: ABPI Annual Congress. São Paulo, Brazil. https://abpi.org.br/eventos-abpi/ (Portuguese).

September 13-16, 2025:  2025 AIPPI World Congress. Yokohama, Japan. https://www.aippi.org/event/2025-aippi-world-congress/ (English).

^October 30-November 1, 2025: AIPLA Annual Meeting. Washington, D.C. https://www.aipla.org/detail/event/2025/10/30/default-calendar/aipla-2025-annual-meeting (English).

November 30-December 3, 2025:  XXIII ASIPI Congress - Buenos Aires, Argentina. https://asipi.org/event/xxiii-congreso-asipi-buenos-aires-2025/ (Spanish).

* 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.