The Kellis IP Weekly: Issue 2.2

Written By David Kellis

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.

  • Scope Reductions:  Many of the changes reduce the scope of existing actions, which will no doubt improve the chances of those actions being completed this year.  For example:

    • The original 2023-2025 Action Plan called for the Ministry of Defense to develop a pilot project with a company from the Brazilian industrial base through which the company would obtain financing using an intangible asset as collateral.  The revised action plan calls for the Ministry of Defense to hold a seminar on the valuation of intangible assets and the use of such assets as collateral to obtain financing. 

    • The original action plan called for INPI and MDIC to generate a proposal for the inclusion and consideration of IP and tech transfer requirements in funding programs and notices, while the revised action plan calls for INPI and MDIC to map and evaluate the applicability of IP and tech transfer requirements to funding notices and to hold a workshop with interested entities.

  • Changes in Focus:  Some of the revisions seem to go beyond simply reducing the scope of work, and imply a change in focus.  For example:

    • The UKIPO's previous action item to provide IP capacity-building to a riverine community in the Amazon has been revised to require IP capacity-building for a quilombola community. 

    • MDIC was previously assigned an action item to review/revise the final report of GIPI's (now-defunct) GI working group, but that deliverable has been replaced with an obligation to develop a government proposal to update the GI-related provisions of Brazil's Industrial Property Law.

  • Deletions:  The revision removes some action items altogether.  For example:

    • The original action plan's requirement for SEBRAE to develop a new instrument to train small businesses in the diagnosis, management and protection of their intellectual assets has been deleted altogether.

    • The original action plan's requirement for MRE and SEBRAE to disseminate a model certification and control system for GIs has been removed.

    • CNI will no longer be responsible for conducting an event for exchanging best practices regarding IP among members of the judiciary.

    • The Ministry of Justice and Public Security and CNCP will no longer be responsible for providing IP-related capacity-building to the Federal Highway Police (PRF).

  • Additions:  The revision also includes some completely new deliverables.  For example:

    • SEBRAE is now responsible for a project to train design students in intellectual property to meet the graphic design demands of GIs in the northern region.

    • CropLife is now responsible for promoting the event "Bioinputs Brasil Forum: Innovation and Sustainable Growth" for the agricultural sector.

    • MDIC is now responsible for content development and training for innovation and intellectual property professionals in negotiating partnerships between ICTs and companies.

    • CNI is now responsible for holding an event on governance and administration of official industrial property offices with national and international perspectives.

    • INPI, MDIC, and the Ministry of Defense are now responsible for developing a proposed decree for regulating the topic of patents of interest to the national defense.

    • MJSP and CNCP are now responsible for conducting an action to interrupt the sale of dental products on electronic platforms

    • INPI is responsible for doing preparatory work for the Budapest Treaty and the new Treaty on Genetic Resources and Associated Traditional Knowledge.

  • No changes:  Some provisions that might cause consternation to some have not changed in the latest revision.  These include, for example:

    • The Ministry of Health remains responsible for restarting the activities of the IP & health group (GAPIS).

    • CADE remains responsible for conducting a study on SEPs and their impacts on competition.

    • INPI remains responsible for prospecting and exploratory dialogues on the recognition of binational GIs with cross-border countries.

  • Read More:  https://www.gov.br/participamaisbrasil/blob/baixar/63891; https://www.gov.br/participamaisbrasil/blob/baixar/32316

In Brief:

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.

David Kellis
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The Kellis IP Weekly: Issue 2.1