Week’s news headlines – oct. 17th 2014

Ireland eyes 6.25 percent corporate tax on intellectual property – Irish Times

Ireland is considering levying corporate tax at half its standard 12.5 percent rate on profits from intellectual property under a scheme it is preparing to submit to the European Commission, the Irish Times reported on Friday.

Saiba mais em: http://uk.reuters.com/article/2014/10/17/uk-ireland-tax



The rise of patents

Patents are on the rise and protecting your innovation has never been more important. Figures published on solar photovoltaic, solar thermal, wind energy and biofuel technologies – collectively known as Climate Change Mitigation Technologies (“CCMTs”) – show that the number of patents filed between 2006-2011 is greater than the total numbers filed in the 30 years preceding this.

Saiba mais em: http://www.lexology.com/library/detail.aspx?g=11dfddc2-271d



Patent trolls are a threat to competitive markets – and the UK may not be immune

LONDON’s technology sector is booming. Driven by big venture capital investments (tech firms attracted a record $1bn in the first nine months of 2014), and encompassing everything from finance to fashion, it is one of our greatest recent success stories. But this nascent sector also faces a worrying potential threat. A fresh menace to the workings of efficient markets is rapidly gripping the global tech industry, and it threatens to stifle innovation, raise prices, and constrain choice for consumers across the globe. The threat has been dubbed “patent privateering” and its impact on effective competition is already alarming.

Saiba mais em: http://www.cityam.com/1413484101/patent-trolls-are-threat



Lawyer Says It’s Copyright Infringement To Use Her Own Blog Posts Against Her In Disciplinary Proceedings

Eugene Volokh points our attention to yet another bizarre copyright case, Denison v. Larkin, in which lawyer Joanne Denison argued that the Illinois Attorney Registration and Disciplinary Commission (IARDC) infringed on her copyrights by using portions of her own blog as evidence against her during a disciplinary proceeding.

Saiba mais em: http://abovethelaw.com/2014/10/lawyer-says-its-copyright



Chinese PM says intellectual property rights must be protected

Chinese Prime Minister Li Keqiang said on Thursday that the only way to ensure future technological innovation is by protecting intellectual property rights, touching on an issue important to Western countries concerned about counterfeit goods.

Saiba mais em: http://www.businesstimes.com.sg/technology/chinese-pm-says



Latest Intellectual Property Chapter Of TPP Agreement Leaked: Would Be A Disaster For Public Health

For years, we’ve discussed the ridiculous and unnecessary secrecy concerning trade agreements negotiated by the USTR. The text of the negotiating documents and even the US’s general position is kept secret until the very end, at which point concerns from the public and innovators no longer matter. Instead, the USTR relies on legacy industry “advisors” who are mostly interested in protecting what they have from disruption, change and innovation. For all the talk of how these agreements are “free trade” agreements, they tend to be anything but.

Saiba mais em: https://www.techdirt.com/articles/20141016/05300128842/



Comcast Wins $7.5 Million in Patent Trial Against Sprint

Comcast Corp. (CMCSA), the largest U.S. cable company, won $7.5 million in damages from wireless carrier Sprint Corp. (S) for infringing telecommunications patents after a four-day federal jury trial. Comcast had asked for $16.5 million.

Saiba mais em: http://www.bloomberg.com/news/2014-10-15/comcast-wins-7-5



China regulates use of trademarks

China is considering elimination of trademarks that copy names of well-known brands or figures in a bid to curb right infringement.

Saiba mais em: http://www.ecns.cn/business/2014/10-16/138582.shtml



Amendments to the Canadian Trade-marks Act are coming: what trademark owners should do

Most of these amendments were adopted in order to allow Canada to adhere to three international treaties: the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the Madrid Protocol), the Singapore Treaty on the Law of Trademarks and the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (the Nice Agreement).

Saiba mais em: http://www.lexology.com/library/detail.aspx?g=202246bb-4ccb



From contracts to copyrights, the young nonprofit Oregon Volunteer Lawyers for the Arts answers artists’ legal questions

Windy Wahlke does a mean impression of Stevie Nicks. In online videos, the frontwoman of local Fleetwood Mac cover band Gold Dust has the long, blond hair; the stylish shawls and fanciful hats; and, of course, Nicks’ instantly recognizable contralto. But is the likeness too close? As she began promoting her group a couple years ago, Wahlke started to worry.

Saiba mais em: http://www.oregonlive.com/art/index.ssf/2014/10/from_contracts_to_copyrights_a.html



Russia Modernises Its Intellectual Property Law

As of 1 October, major amendments of the Civil Code of the Russian Federation (the RF Civil Code) came into force concluding the most recent and extensive legislative revision since Part I of the Code was adopted in 1994. Changes affected substantive and procedural norms including Part IV codifying provisions on intellectual property rights. This report takes stock of some of the introduced novelties.

Saiba mais em: http://www.ip-watch.org/2014/10/14/special-report-russia-modernises



Australia needs patent grant system to tackle ‘innovation crisis’

The Australian government must act as a matter of urgency to fix an “innovation crisis” related to the use of patents, a top tax adviser warns.

Saiba mais em: http://www.brw.com.au/p/tech-gadgets/australia



Pharma patent regime may get stricter, say experts

The joint statement issued on September 30 by the US and India to establish an annual high-level Intellectual Property (IP) working group has inevitably led to a debate on whether the government would bow down to the US pressure.

Saiba mais em: http://www.dnaindia.com/money/report-pharma-patent-regime



Fluid trade marks: what are they all about?

Over the past few years, the term ‘fluid trade marks’ has been appearing more and more in relation to business on the internet and in the commercial space generally. Assumptions have been made as to what ‘fluid’ means and the implications associated with this type of trade mark.

Saiba mais em: http://www.lexology.com/library/detail.aspx?g=02d9b666-7a19



Cloud Computing Is Forcing a Reconsideration of Intellectual Property

Almost overnight, our technology revolution is shaking up entire industries and remaking society. Don’t get caught up in the small stuff, though: Tech really is changing how we think about our ideas.

Saiba mais em: http://bits.blogs.nytimes.com/2014/10/11/cloud-computing-is



O gargalo das patentes

Empresas brasileiras têm ampliado seu esforço de inovação nos últimos anos. Criar produtos, serviços e processos novos é essencial para que o País consiga competir pelo mercado internacional. Mas existem gargalos importantes, que se tornam ainda mais críticos diante desse esforço de inovação.

Saiba mais em: http://blogs.estadao.com.br/renato-cruz/o-gargalo-das-patentes/



Suven Life sciences gains on securing patents from South Korea and USA

Suven Life sciences announced that its drug discovery portfolio which has expanded into several new therapeutic areas such as major depressive disorder (MDD), obesity and pain through Neuronal Nicotinic Receptor modulators resulted in the grant of one product patent from USA (8735423) and one product patent from South Korea (10-1410903) corresponding to the New Chemical Entity (NCE) for the treatment of disorders associated with neurodegenerative diseases and these patents are valid through 2030.

Saiba mais em: http://www.business-standard.com/article/news-cm/suven



The patent office is rejecting a lot more software patents

A June Supreme Court decision on the legality of software patents has been sending shockwaves through the legal system. The case, called Alice v. CLS Bank, has led to a bunch of lower court decisions invalidating software patents. It may also have been responsible for September’s sharp decline in patent lawsuits.

Saiba mais em: http://www.vox.com/2014/10/11/6958701/the-patent-office-is


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Eletronic certificate of registration

Resolution No. 136/2014, which refers to electronic certificate of registration was approved by the BPTO on September 15, 2014, and became effective in last September 30.


Pursuant this new resolution, all certificates of registration will be issued, exclusively, in digital format, upon electronic signature of the Certification Authority.


This new rule is also valid for pending certificates of registrations, duplicates and renewal certificates.


Therefore, as of September 30, 2014 on, all Certificate of registrations issued in digital format will be available on the BPTO’s website, through protected password and under its control and monitoring.


For  more details please feel free to contact us:


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Tackling the patent backlog in Brazil



Gabriel di Blasi

It’s been a long time coming, but perhaps the Brazilian patent office is finally going to deal with the logjam of patent applications, says Gabriel di Blasi.

The Brazilian Patent Office (INPI) has been facing a huge backlog of patent applications, which has led to an average waiting time for examination of about 10 years, an extremely long period compared with other countries. The delays apply for both patent and utility model (UM) applications, with the examination of UM applications being slightly less, around eight years.

According to the INPI, the number of patent applications pending examination, mainly in the biotech, pharmaceutical, electronic and telecommunication industries, has been increasing every year, and is estimated to reach nearly 200,000 by 2015.

The initial cause for the backlog was a change from the Brazilian Industrial Code (CPI) to the Brazilian Industrial Property Law (LPI), finally recognising patent rights for pharma, agriculture and biotech. This allowance caused an overwhelming surge in patent applications in Brazil. For example, in 1995 the number of patent applications filed was about 16,000 per year. In 2013, this number reached approximately 34,000 patent applications.

Several other factors have contributed to the backlog. The INPI did not have sufficient infrastructure, especially examiners, to support such an increased demand, and its workers were frequently on strike with demands for wage increases, better working conditions, and the hiring of new examiners.

Additional delay for the examination of applications in biotech and pharma is caused by the double patent examination performed by the Brazilian Health Surveillance Agency (ANVISA). In 2001, in order to promote and develop generic drugs in Brazil, the Brazilian government established a special provision for patent examination in these technical areas.


Originally, the government provision regarding ANVISA’s review of pharma patent applications applied only to ‘pipeline’ cases, which allowed for applications by owners of existing patent applications in these areas between May 15, 1996 and May 15, 1997.

It was later expanded to include all new, regular pharma applications as well as biotech applications. This causes several problems for granting patent rights in both sectors and creates legal uncertainty for overseas pharmaceutical companies.

The effects caused by the backlog have been tremendous. Aside from the legal uncertainty, because there is no guarantee as to when the patent rights will be granted, such delays in protection can have a spiralling effect on manufacturing costs, as the owners do not have the patent rights to prevent third parties from using their technologies, incurring a higher cost for bringing their products to market. These effects weaken the Brazilian IP system as a whole.

LPI provisions

Although Brazil has been plagued with this backlog, the LPI has some provisions to expedite the examination of patent applications, as well as to reduce the backlog. A resolution allows for expedited examination:

When the applicant is older than 60 years;
If the object of the patent application is being counterfeited by third parties; or
If the grant of the patent is a condition to the achievement of financing from development agencies or a Brazilian official credit institution for exploration of the product or process object of the patent application.

In addition, third parties can petition to expedite applications when they are being accused by the applicant of using their product or process without authorisation.

The Green Patent Program aims to reduce the examination of patent applications on ‘green’ technologies to less than two years. The INPI has established certain guidelines and has limited the programme to certain technologies, such as alternative energy, transportation, energy conservation, waste management and agriculture.

The INPI has also implemented an electronic filing system for patent applications, known as the E-Patent system. This system started in the spring of 2013 and will provide access to all information regarding patent issues, including the technical opinions of patents and their respective charters, all procedures of patent applications and patent lawsuits among others. The INPI expects this system to be fully functional by 2015.

In addition, the INPI has reorganised the channels for application examination, creating examination lines for each type of application, and entered into cooperation with the National Council of Technological and Scientific Development to increase the number of examined patent applications.

However, these actions and measures are not enough to reduce the patent examination time, nor are they enough to substantially reduce the backlog in Brazil. The INPI needs to move forward with hiring and training new examiners, especially in pharmaceutical and biotech areas, and review the guidelines for examination in order to simplify the procedures of the examiners for examination.

According to the INPI, decisions related to rejections and allowances of patent applications and granted patents decreased between 2009 and 2012. However, if the INPI hires and trains new examiners for 2014 the prediction will be to reach 49,000 and 35,000, respectively, by 2015. Based on this scenario, the INPI expects to reduce the time frame for examination to as little as four years.

The INPI needs to move swiftly to enact the changes it has set to address the massive backlog and reduce the examination time for patent applications in Brazil. These measures have the potential to bring the Brazilian patent system more in line with the rest of the developed world and will provide more legal security for foreign investments. In the meantime, being aware of measures to expedite applications can help both foreign and domestic patent seekers better protect their interests.

Gabriel Di Blasi is a partner at Di Blasi, Parente & Associados. He can be contacted at: gabriel.diblasi@diblasi.com.br

INPI, patent backlog, CPI, utility models


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