Knowledge is power.
The Kellis IP Weekly
Since living in Brazil from 2021-2024 as the USPTO’s Intellectual Property Attaché for Brazil, Argentina, Paraguay, Uruguay, Guyana, and Suriname, Mr. Kellis has published the Kellis IP Weekly to help interested parties stay informed regarding intellectual property developments in Brazil and the surrounding region. If you have questions or concerns about any of the developments described in the Kellis IP Weekly and how those developments might impact your business, please contact Kellis IP.
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The Kellis IP Weekly: Issue 11.3
Modified Bill on AI Inventorship Moves Forward: As originally introduced, PL 303/2024 would have amended Brazil’s IP law to allow the patenting of inventions created solely by AI. Now, the rapporteur of the Chamber of Deputies’ Science, Technology, and Innovation Committee has recommended approval of a modified version of the bill. Deputy Leonardo Gadelha’s (PODE-PB) substitute language would require patent applicants to specify, at the time of filing, the level of assistance provided by AI in the development of the invention: no assistance, partial assistance, predominant assistance, or fully autonomous assistance. The term of protection afforded any resulting patent would vary . . .
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The Kellis IP Weekly: Issue 11.2
Court Upholds Assignments Executed in the Pre-Streaming Era: Famous musicians Erasmo Carlos (now deceased) and Roberto Carlos assigned their copyrights in 72 musical works to Editora Fermata do Brasil, through the execution of 47 contracts dating as far back as the 1960’s. Unhappy with the minimal royalties they were receiving for the reproduction of the works in question via streaming services, however, the pair challenged the nature of those contracts, arguing that . . .
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The Kellis IP Weekly: Issue 11.1
G20 Health Ministers Agree on Creation of Vaccine Coalition: The coalition, to be headquartered in Brazil for the first 2 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 . . .
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The Kellis IP Weekly: Issue 10.5
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) . . .
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The Kellis IP Weekly: Issue 10.4
Courts Prevent Retroactive Application of New Patent Appeal Guidelines: Decisions from the 9th, 12th, and 25th Federal Courts of Rio de Janeiro have all concluded that INPI’s new patent appeal guidelines, which went into force on April 2, cannot be applied retroactively. In the 9th Federal Court decision . . .
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The Kellis IP Weekly: Issue 10.3
INPI Publishes September Patent Pendency Numbers: According to the agency, patent pendency in September, from filing to a technical examination decision, averaged 4.4 years (with specific technical area averages ranging from 3.3 years in the metallurgy and materials space to 5.7 years in the biopharmaceutical space), or 3.2 years counted from the filing of the request for examination (with specific technical area averages ranging from 2.1 years in the . . .
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The Kellis IP Weekly: Issue 9.4
New AI Bill Text Expected: Since the most recent version of PL 2338/23 was released on July 4, 2024, legislators have submitted an additional 15 proposed amendments to that bill and received input and feedback from dozens of entities. Rapporteur Eduardo Gomes is expected to soon release an updated version of the text, which will reveal . . .
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The Kellis IP Weekly: Issue 9.3
ANATEL Partners with Community Hackathon Brazil for Contest to Block Illegal TV Boxes: While rightsholders wait for ANCINE to begin fulfilling its legal anti-piracy mandate, ANATEL continues to press ahead, most recently by partnering with Community Hackathon Brazil to hold a hackathon contest focused on identifying novel methods of blocking illegal IPTV boxes. The top three finishers at the Sept. 28-29 contest will receive . . .
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The Kellis IP Weekly: Issue 9.2
INPI Publishes Latest Performance Results: INPI has updated its online reporting system with the latest data, from August 2024. According to that system, the average patent pendency is . . .
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The Kellis IP Weekly: Issue 9.1
INPI Announces Anti-Counterfeiting Directory for GIs: INPI’s National Directory for Combatting Counterfeiting, which previously contained information pertinent only to trademarks, has been expanded to include GI-related information. GI owners may now include . . .
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The Kellis IP Weekly: Issue 8.5
INPI Gives Some Patent Owners 60 Days to Provide Information about Access to Genetic Resources: INPI’s August 27 Industrial Property Gazette contains a public notice explaining that in some cases, INPI has issued patents to applicants who affirmed that the subject invention utilized access to genetic resources, but never provided the corresponding SisGen registration number as required . . .
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The Kellis IP Weekly: Issue 8.4
Patent Pendency, Regulatory Data Protection Discussed at Health Forum: The August 21st Health Forum, hosted by think tank Esfera Brasil and Brazilian pharmaceutical laboratory EMS, featured multiple high-level speakers and attendees, including . . .
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The Kellis IP Weekly: Issue 8.3
UFRJ Study: Judicial Orders Extending Patent Term of Pharmaceuticals Would Have R$1-9 Billion Price Tag: Shortly after Brazil’s Supreme Court invalidated the 10-year minimum patent term guarantee previously found in Art. 40, sole paragraph of Brazil’s industrial property law, approximately 40 lawsuits were filed seeking judicial orders to extend the terms of affected patents due to undue administrative delay. Now, the Innovation Economy Group of the Economy Institute at the Federal University of Rio de Janeiro has released a study concluding that denying the relief requested in those lawsuits . . .
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The Kellis IP Weekly: Issue 8.2
Senate President Lists AI, Social Media Regulation as Key Priorities for Second Half of 2024: Speaking to reporters on August 6, Senate President Rodrigo Pacheco identified his legislative priorities for the second half of the year. While most have to do with budget, taxes, and spending . . .
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The Kellis IP Weekly: Issue 8.1
Institute of Brazilian Attorneys Suggests Changes to AI Bill: A report prepared by the IAB’s Artificial Intelligence and Innovation Commission and subsequently approved by the IAB plenary recommends that Article 61 of PL 2338/23, which creates a copyright exception for text and data mining used to train AI systems . . .
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The Kellis IP Weekly: Issue 7.4
Survey Discovers Age Gap in Beliefs about Piracy: A survey commissioned by the National Confederation of Industry (CNI) found that 80% of Brazilians of age 45 years and up believe that piracy is always wrong, but only 53% of Brazilians age 16 to 24 . . .
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The Kellis IP Weekly: Issue 7.3
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 . . .
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The Kellis IP Weekly: Issue 7.2
INPI Joins Global PPH: As of July 6, INPI belongs to Global PPH. The change comes five years after INPI ended individual pilot PPH programs and initiated a uniform PPH request for all PPH partner offices, even though it still maintained a separate bilateral PPH agreement with each partner. Over the past five years, INPI has significantly expanded the scope of its PPH program as well as the number of countries with which it has bilateral agreements. While INPI will retain . . .
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The Kellis IP Weekly: Issue 7.1
USPTO Announces Relief Measures Due to Severe Flooding in Rio Grande do Sul: As the southern Brazilian state continues to reel from the flooding that began on April 27, 2024, the USPTO has classified that flooding as an “extraordinary situation” under applicable regulations . . .
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