Keywords: Executive Order 482, suspension,
intellectual property rights, Brazil, WTO, Brazil cotton, trade
On February 10, 2010, the President of Brazil, Luiz
Inácio Lula da Silva, issued Executive Order 482, which
provides for "measures to suspend concessions or other
obligations of the country related to intellectual property rights
and others, in cases of noncompliance with multilateral obligations
by a Member of the World Trade Organization –
The Executive Order concerns a dispute that began in 2002
between Brazil and the United States before the WTO over subsidies
the US Government grants to its cotton industry. (See previous
"Brazil Cotton – Important WTO Decision
Makes Trade Retaliation Operational", September 2009.) The
WTO ruled in favor of Brazil and allowed it to impose measures to
compensate for the economic damages caused by the subsidies.
The sanctions established by the Executive Order include
limitation and suspension of intellectual property rights;
alteration of measures to protect, apply for and maintain them; a
temporary block of royalties remittance; and taxation. Next month,
the government will define how the compensation measures will
Executive Order 482 comes into force as of the date it was
published, February 11, 2010.
Founded in 2001, Tauil & Chequer Advogados is a full
service law firm with approximately 90 lawyers and offices in Rio
de Janeiro, São Paulo and Vitória. T&C represents
local and international businesses on their domestic and
cross-border activities and offers clients the full range of legal
services including: corporate and M&A; debt and equity capital
markets; banking and finance; employment and benefits;
environmental; intellectual property; litigation and dispute
resolution; restructuring, bankruptcy and insolvency; tax; and real
estate. The firm has a particularly strong and longstanding
presence in the energy, oil and gas and infrastructure industries
as well as with pension and investment funds. In December 2009,
T&C entered into an agreement to operate in association with
Mayer Brown LLP and become "Tauil & Chequer Advogados in
association with Mayer Brown LLP."
This article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
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Current Intellectual Property Law No. 9,279 of May 14, 1996 and the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement allow for patenting of pharmaceuticals in Brazil. Notwithstanding, in 2001, the Brazilian IP Law was amended and the prosecution of pharmaceutical patent applications changed substantially.
The subject matter of this short article is related to the fact that during the patent specialists course I was able to acquire a better overview on how infringement by equivalence is applied in other countries, mainly, in Japan.
The specialization of the Federal Court of Appeals is hoped to increase both the quality and speed of the decisions in the industrial property area.
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