The Kellis IP Weekly: Issue 7.3
BRAZIL
Patents
Brazil Publishes Public Policy for the Conservation and Use of Genetic Resources: The policy, published on July 4, 2024, is the result of efforts that began in 2019 by the Ministry of Agriculture and Livestock (MAPA) and ultimately also included the Ministry of Environment and Climate Change (MMA) and the Ministry of Agrarian Development and Family Farming (MDA). Among the policy’s guiding principles are “conservation of genetic resources for food, agriculture and livestock, with a focus on the fair and equitable sharing of benefits resulting from their use” and “valuing traditional knowledge associated with the genetic heritage of indigenous peoples, traditional communities and family farmers, considering the fair sharing of benefits.” See https://www.embrapa.br/en/busca-de-noticias/-/noticia/90760014/brasil-estabelece-politica-publica-para-a-conservacao-e-o-uso-de-recursos-geneticos (Portuguese). #patents
Genetic resources and traditional knowledge are hot topics in Brazil, which enjoys immense biodiversity and is determined to prevent foreign entities from profiting from that biodiversity without any benefit to Brazil or its people. Consequently, Brazil has an access and benefit sharing regime that requires foreign entities to register access to Brazilian genetic resources with the Management Counsel for Genetic Patrimony (CGEN, part of MMA), declare such access and provide the corresponding CGEN registration number when applying for patent protection for inventions related to that access, and participate in monetary or negotiated non-monetary benefit-sharing agreements. Additional evidence of the importance of this topic to Brazil can be found in the National Council to Combat Piracy’s (CNCP) 2023 Annual Report, which identifies the fight against biopiracy a key focus of its work; Brazil’s selection to preside over the May 2024 WIPO Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge; and Brazil’s immediate signature of the resulting treaty at the conclusion of the conference. See https://www.gov.br/mma/pt-br/assuntos/bioeconomia/patrimonio-genetico/perguntas-frequentes (Portuguese); https://www.gov.br/mma/pt-br/assuntos/bioeconomia/patrimonio-genetico/sisgen-2 (Portuguese); https://www.gov.br/secom/pt-br/assuntos/noticias/2024/05/brasil-assina-tratado-historico-sobre-propriedade-intelectual-de-recursos-geneticos-e-conhecimentos-tradicionais (Portuguese).
PPH Limit Reached: Per an announcement on July 16, 2024, INPI’s 800-application cap for PPH applications has been reached. No further PPH applications will be accepted in 2024. When applications reopen in 2025, they will be governed by a to-be-published ordinance implementing the Global PPH program. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/projeto-piloto-pph-atinge-limite-de-requerimentos-em-2024 (Portuguese). #patents
INPI Publishes Report on Patent Appeals from 2012-2023: The report includes extensive data describing patent appeals (including numbers of appeals filed, outcomes, etc.) in INPI’s different technical divisions during the period in question. See https://www.gov.br/inpi/pt-br/servicos/recursos-e-nulidades/relatorio-corep-2012-2023-v-2.pdf (Portuguese). #patents #IPoffice
Note that INPI instituted new patent appeal procedures effective as of April 2024. See https://revistas.inpi.gov.br/pdf/Comunicados2776.pdf (Portuguese).
Trademarks
No developments to report.
Copyright
Actor’s Union Sues Record TV for Residuals: The Union of Actors has sued TV network Record, seeking payment of residuals to actors in the soap opera “Jesus” for two reruns of the series following its 2018 debut. The show’s actors claim that no residual payments of any amount have been made. See https://oglobo.globo.com/blogs/ancelmo-gois/post/2024/07/sindicato-de-atores-entra-na-justica-contra-a-record-pedindo-pagamento-por-reprises-de-jesus.ghtml (Portuguese). #copyright
Musical Group Carreta Furação Loses Copyright Appeal, Owes Damages: The group, whose members dress as children’s cartoon characters and superheroes for performances, began using Orival Pessini’s children’s character Fofão around 2016. When Pessini complained, they made changes to the character and called it “Fon-Fon.” In 2023, a trial court ruled that the group’s use of Fon-Fon constituted copyright infringement and imposed damages of R$70 thousand. Now, the Second Chamber of Private Rights of the São Paulo Court of Justice (TJSP) has upheld that decision, rejecting the group’s argument that Fon-Fon is a parody of Fofão and concluding instead that Fon-Fon is a “grotesque copy” of the Pessini character. In reaching its decision, the court cited Brazil’s copyright law, Law 9,610/1998, as giving authors the exclusive right to use, enjoy, and dispose of literary works, including the right to control reproductions and public presentations of their works. See https://odia.ig.com.br/brasil/2024/07/6882994-carreta-furacao-e-condenada-a-pagar-rs-70-mil-por-usar-fofao-sem-autorizacao-em-apresentacoes.html (Portuguese); https://www.conjur.com.br/wp-content/uploads/2024/07/acordao-carreta-furacao.pdf (Portuguese). #copyright
Enforcement
No developments to report.
Other
INPI Revises Industrial Design Manual to Reflect Change in Procedure: The change in question, previously published in Nota Técnica 01/2024, allows INPI to correct merely formal data in industrial design applications, a change intended to improve application pendency. See https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/nota-tecnica-sobre-procedimentos-de-exame-de-desenhos-industriais-e-incorporada-ao-manual (Portuguese). #industrialdesigns #IPoffice
Appeals Court Affirms Invalidation of Industrial Design Registrations: The Federal Regional Court of the 2nd Region affirmed a lower court decision invalidating three industrial design registrations directed to recessed lighting fixtures. The court reasoned that the registrations improperly sought to protect technical characteristics of designs, that two of the registrations lacked novelty over the prior art, and that one of those registrations also lacked novelty in light of the other. See https://www.migalhas.com.br/quentes/411137/sem-originalidade-empresa-perde-exclusividade-sobre-tres-luminarias (Portuguese). #industrialdesigns
Non-IP Topics of Interest
Streaming Services Subject of Multiple Bills at National Congress: PL 2331/2022, already approved by the Senate and currently undergoing committee review in the Chamber of Deputies, would establish local content quotas, subject streaming services to a progressive Condecine (Contribution for the Development of the National Cinema Industry) tax; establish disclosure requirements regarding revenue and content catalogs; and regulate the offering of streaming services on television operating systems. PL 2947/23, also undergoing committee review in the Chamber of Deputies, would prohibit streaming services from charging customers extra for use of an account from more than one address. See https://www.camara.leg.br/noticias/1083832-projeto-regulamenta-cobranca-de-tributo-para-os-servicos-de-streaming/ (Portuguese); https://www.camara.leg.br/noticias/1084171-projeto-proibe-plataformas-de-streaming-de-limitar-acesso-apenas-a-residencia-do-usuario/ (Portuguese).
PARAGUAY
Executive Decree Reduces Copyright Remuneration: Executive Decree No. 2063/2024 is intended to reduce taxes to facilitate cross-border trade, including through the reduction of airport taxes on product imports. Article 12 of the decree, which falls under Title IV: Other Incentives, modifies existing copyright regulations by reducing the compensatory remuneration payable for copyrighted works imported into the country by half. See https://www.clarkemodet.com/novedades-legislativas/novedades-legislativas-derechos-de-autor-y-remuneracion-compensatoria/ (Spanish); https://www.dnit.gov.py/web/portal-institucional/normativas1 (Spanish). #copyright
DINAPI, National Police, Public Prosecutor’s Office Carry Out Operations to Seize Counterfeit Goods: One raid, which encompassed a factory and warehouses in Ciudad del Este, resulted in the seizure of 15,000 pairs of shoes bearing well-known international brands. Another resulted in the seizure of items of counterfeit clothing from a store in Ciudad del Este, and a third raid led to the seizure of counterfeit glasses, thermoses, clothing, and shoes in the city of Encarnación. See https://www.dinapi.gov.py/portal/v3/noticias/detalle-noticia?idNoticia=441 (Spanish); https://www.dinapi.gov.py/portal/v3/noticias/detalle-noticia?idNoticia=442 (Spanish). #IPenforcement
PERU
INDECOPI Signs Multiple Bilateral Agreements at WIPO General Assemblies: The agreements include a 2024-2025 Work Plan with the European Patent Office under which EPO will provide capacity building for INDECOPI patent examiners in the areas of classification, search, and examination; an agreement with Chile’s INAPI to facilitate the sharing of public records containing traditional knowledge and the source of Peruvian biological resources; and an agreement with the National Registry of Costa Rica to facilitate the sharing of experiences and best practices related to IP. See https://www.gob.pe/institucion/indecopi/noticias/988217-el-indecopi-suscribe-convenios-en-ginebra-para-fortalecer-el-sistema-de-propiedad-intelectual (Spanish). #IPoffice
VENEZUELA
SAPI Reintroduces Grace Period for Trademark Renewals: Per Official Notice DRPI-AO-N°15-2024 published on July 2 by SAPI, trademark holders will once again have access to a 6-month grace period for trademark renewal applications following the expiration of the normal renewal period. See https://sapi.gob.ve/avisos-sapi/# (Spanish). #trademarks #IPoffice
U.S. PUBLIC CONSULTATIONS
USPTO – Experimental Use Exception Request for Comments: Published June 28, 2024; closes September 26, 2024. See https://www.federalregister.gov/documents/2024/06/28/2024-14164/experimental-use-exception-request-for-comments (English).
*Registration Closes Soon* USPTO – Listening Session on Impact of the Proliferation of AI on Prior Art and PHOSITA: The listening session will be held in hybrid format on July 25, 2024 from 10:00 am to 3:00 pm ET. Those who wish to speak must register by 8:00 pm ET on July 19, 2024, and those who wish to attend without speaking must register by 8:00 am ET on July 25, 2024. See https://www.federalregister.gov/documents/2024/07/05/2024-14691/impact-of-the-proliferation-of-ai-on-prior-art-and-phosita-notice-of-public-listening-session (English).
USPTO – Public Roundtable on Protections for Name, Image, Likeness, Other Indicia of Identity, and Reputation: Separate in-person and virtual roundtables will be held on August 5, 2024. Requests to speak must be submitted by 11:59 pm ET on July 31, 2024. See https://www.federalregister.gov/documents/2024/07/01/2024-14455/public-roundtable-on-protections-for-name-image-likeness-other-indicia-of-identity-and-reputation (English).
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.
