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 11.1
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 10.2
This week I had a conversation with an investor who routinely declines investment opportunities in Brazil—where he was born and raised—because “Brazil is not a serious country.” He ultimately explained that as an investor, he cannot count on Brazilian institutions to act in a predictable way, and as a result cannot justify the risk associated with investments in the country. This investor’s opinion is reflected in Brazil’s score on the . . .
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The Kellis IP Weekly: Issue 10.1
Brazil Ranks 50th in Global Innovation Index: WIPO’s 2024 Global Innovation Index lists Brazil one spot below its ranking last year, but the country still holds the top spot within Latin America and the Caribbean. Five years ago, Brazil was ranked at 66th, making it one of the top climbers since 2019. The country also . . .
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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 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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