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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 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 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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