Numbers of software filings and registrations set record in 2021.
Since the implementation of the e-Software system in September 2017, the number of software filings at the Brazilian Patent and Trademark Office (BPTO) has broken a monthly record with 366 applications in May 2021. From January to May this year, there was a 20% increase in fillings and 17.6% in registrations when compared to the (...)
Read more
State Court cannot declare the nullity of the trademark registration affirmed by the Federal Court, even if incidentally, says STJ.
The 3rd Panel of the Superior Court of Justice (“STJ”) understood that the State Court cannot declare null a trademark registration recognized by the Federal Court1. The decision of the Minas Gerais State Court of Justice set that it is not possible to grant exclusive right over the trademark “Bristol”, since its registration before the Brazilian Patent and Trademark Office (“INPI”) would have (...)
Read more
President sanctions law that increases penalties for cyber crimes.
The Presidency sanctioned a law that modifies the Brazilian Penal Code, in order to aggravate penalties applicable to offenses committed in and by cybernetic means. Approved by the National Congress in May 2021, Law 14,155/2021 is seen as an attempt to contain the increase in the number of crimes committed via the Internet in 2020. (...)
Read more
Murta Goyanes Advogados & Leaders League 2021.
We are very happy to inform you that our firm has been named in 4 categories by the renowned publication Leaders League 2021: Trademark Prosecution, Trademark Litigation, Media & Entertainment and Copyrights Law. To learn more, visit the website: www.leadersleague.com/pt/firm/murta-goyanes-advogados #MurtaGoyanes #LeadersLeague2021 #LeadersLeague #TrademarkProsecution #TrademarkLitigation #Media #Entertainment #Copyrights #Law
Read more
BPTO publishes a new edition of decisions on patent appeals.
The Brazilian Patent and Trademark Office (BPTO) published the fourth edition of the compilation of decisions on patent appeals, with 723 decisions rendered in 2020, which guide the technical positioning on patents. This is the first edition with decisions supported by the BPTO’s Board of Directors of Patents, Computer Software, and. Integrated Circuits Topography (DIRPA), in addition to those of the BPTO’s (...)
Read more
BPTO’s operation on June 3 and 4, 2021 and extension of deadlines.
The Brazilian Patent and Trademark Office (BPTO) will be closed on June 3 and 4, 2021. The deadlines expiring on these dates will automatically be extended to June 7, 2021.
Read more
STJ decides to maintain the Nebacimed mark as it is the syllable combination of its active ingredients.
The 4th Panel of the Superior Court of Justice (“STJ”) understood that evocative or suggestive marks can coexist with similar ones. When reforming the decision of the Federal High Court of the 2nd Region (“TRF-2”) that had determined the cancellation of the Nebacimed mark, the panel concluded that the coexistence of both marks – which refer to the active principle of the formula – would (...)
Read more
BPTO publishes rules for the adjustment of the patents´ validity terms.
In line with the Supreme Court’s decision on ADI 5529 regarding the extinction of sole paragraph of Article 40 of the Brazilian IP Law based on unconstitutionality, and the subsequent modulation of the decision, published on May 14, 2021, which established the retroactive effect (ex tunc) to patents related to pharmaceutical products and processes and to equipment and/or materials for use (...)
Read more