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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 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 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 8.3
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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