Businesses IP in Brazil; Benefits and Results

Businesses IP in Brazil; Protection

To obtain patents in Brazil the company must submit a request to INPI with an exhaustive description of its invention. A formal preliminary review is carried out at the INPI and the filing certificate will be issued. In a time duration of 36-months the inventor must submit a technical review for the application. After the patent application has been granted and a letter of Patent will then be granted. The documents that accompany the application should have been prepared in Portuguese language. If it’s in a different language the translation must be provided in the period of 60 days. The foreign applicant should also have a brazilian resident attorney to defend its application.

Prior Examination Process by INPI

If the design is an industrial design registration, the business is not required to go through an initial exam to be approved by INPI. The registration is immediately published. The application should include an application form, specification and claims, if there are any along with photographs and drawings as well as the location of application, and evidence that the filing fee was paid.

For the case of geographic indications, the application should be accompanied by documents proving the legitimacy of the applicant, guidelines for the usage of GI holders and official documents that define the geographic area as well as a description and a list of the characteristics of the item or service, and proof for the presence of a process for controlling the production standards of the authorized producers.

It is not required to protect copyrights through registration in Brazil. Foreign and Brazilian authors and owners can register their work in the public institutions regulated by local laws. The primary authority for registration is called the Copyright Office of the National Library.

In the event of protection for the Integrated Circuit, the application must be submitted with the details of the topography and function and drawings or photos of the circuit integrated as well as a statement of previous use, if required and a receipt for the filing fee.

Consequences of not Protecting IP in Brazil

There are a few Intellectual property rights, such as copyright, where registration isn’t a requirement or requirement, and you can choose not to sign up your copyright. However, generally speaking, you’ll need to sign up your intellectual property and if someone attempts to infringe on your rights or infringe upon it, it’s an offense that is criminal. The unauthorized use of patents, inventions, trademarks registered, designs, software, geographic indications, or copyrighted works are subject to penalties for criminals.

Problems in safeguarding IP In Brazil?

The Brazilian businesses spend a tiny portion of the research and development division and developed countries invest on research. 80percent of researchers work for commercial enterprises and only 20% are engaged in academic research. So one of the main reasons that contribute to the poor position of Brazil in patent applications is the lack of researchers working in the business.

The length of time it takes to get a patent Brazil is a significant problem. There’s an increase in the amount and complexity of patent applications. This is due to the fact that there are a number of examiners at the office to grant the patent.

How will it impact businesses of all sizes, big as well as small?

Because of the lengthy procedure requirement and the absence of examiners in Brazil to assist in protecting intellectual property rights in Brazil companies frequently look to countries outside of the US for protection. This results in a lower position in Brazil in the international rankings to protect intellectual property. If Brazil is unable to protect intellectual property rights internationally, it is likely to affect America’s capacity to serve as the central engine of global technological and scientific advancement and economic growth. This could also result in the loss of America’s long-standing advantages in global trade and innovation, as well as its greater GDP and standard of living.

How to Enforce IP Rights in Brazil

The duty to protect and enforce rights is the responsibility of the rights holders themselves, and they are able to retain counsel and advisers when needed. Typically, IP disputes are brought before state courts, but when the violator is a federal government entity and the dispute is brought before the Federal Court.

Criminal and civil charges are possible in accordance with the nature and the severity that the issue is. There is also the alternative to an Alternative Dispute Resolution method to solve the issue of Intellectual Property. Mediation and arbitration can be utilized by both parties so that they do not have to appear before a court, which is expensive, costly, as well as more formal. In a formal Court proceeding, there are different remedies like cash damages or fines, imprisonment as well as permanent or temporary injunctions, and search and seizure warrants.

Source: Legamart