July 18, 2018

Brazil: BRPTO and the DKPTO Sign Agreement to Expedite the Prosecution of Patent Applications

The Brazilian Patent and Trademark Office (BRPTO) just announced that an agreement was signed with the Danish Patent and Trademark Office (DKPTO) to expedite the prosecution of patent applications through a Patent Prosecution Highway (PPH) Program, wherein the Applicant may request the fast-track examination of its application in Brazil or Denmark after being granted by the other.   Brazil is the first country of South America to which the DKPTO signs a cooperation treaty.   Source: Clarke, Modet & Co.
October 25, 2017

Brazil: Software Act Specifically Designed for the Protection of Software

“Software in Brazil is protected by copyright as they are considered a literary work. This protection covers the literal aspects of the software, which is to say, its source or object code. It is important to mention that the Brazilian copyright law does not protect technical and functional aspects of a code, although there are no restrictions on protecting it by means of other industrial property registrations. In Brazil, Software Registration is optional since the intellectual right emerges from the work itself. Unlike other countries that use only copyright law to protect software, in Brazil there is a specific act on the protection of software, known as the Software Act. Regarding unspecified aspects in the Software Act, what is established by Copyright Law must be observed. The term for Software protection in Brazil is 50 years as from January 1st of the subsequent year of the creation or publication of the program. Software can be kept in secret and only be disclosed by court order or by request of the owner of such right.”   Source:
February 4, 2016

Brazil: The Brazilian National Institute of Industrial Property joins TMClass Effective 1-19-16

  The Brazilian National Institute of Industrial Property (INPI-BR)  joins TMClass Effective 1-19-16 This last addition brings the total number of national and regional IP Offices, including OAPI, WIPO and OHIM to 58. Source: