Brazil: Three Points to Reflect on the Intellectual Protection in Brazil

Last Updated: 29 June 2016
Article by Iñigo Martínez-Fresneda

April 26 is remembered as the  Intellectual  Property Day. The date, selected in 2000 by the World Intellectual Property Organization (WIPO)  aims at  reminding  the role  that the  rights to the patent protection, marks, industrial drawings and copyrights  have for encouraging the innovation and creativity.  Every year,  the day is used  for the reflection on the aspects the world sees the intellectual property as a contribution for the flourishing of new technologies  for the welfare of humanity. 

Clarke, Modet & Co. Brazil,  although it is the second largest Office of the Group – only moving behind  the Spanish Parent - has  much to develop  in this ambit.  I wish to point out three questions  deserving attention for the increase of the Intellectual Property in the Country:The lack of consciousness  on the importance of the  theme. The delay for the grant of mark/patent by the relevant Agency and the non adhesion to the international documents respecting the matter.   

The CNPq, the Governmental Agency administering the technological research  in the academic institutions in the Country, points out that there are (in Agrarian,   Biological and  Exact  Sciences and Earth,   Health and Engineering)  over 16 thousand groups  of research and 65 thousand researchers,  able  to generate knowledge  needing protection of mark or patent.  Moreover,  the  established  companies in Brazil,  both national and  international,  also develop products requiring registration of intellectual property. The low number of applications filed with the BPTO is not through lack of labor or research activities.  

The lack of consciousness  on the subject-matter,  which does not favor the intellectual property, pervades not only the research institutions and universities,  but also the  private companies. In connection with the first ones, for instance,  there is the priority for the publication of articles – index of  productivity  required by  fosters of the academic activity -  which many a time  are lost in the internal bureaucracy and ended not prioritizing he intellectual products of their products.   There are further the question of the startups or other small enterprises of innovating profile, which rather prefer not facing  the application procedures or are unaware  of the cost benefit of the request of a mark or patent.          

Likewise, we note obstacles  in the BPTO´s work process. The state structure of  the patent,   mark analysis  and geographic indications   show a negative history   in connection with the time of reply to the  industrial protection application.  Even though the legislation  is  regarded as  efficient  and meeting the international standards,  we assume that  there lack specialists  for the analysis of the applications prepared.  It is well known that in spite  of the grant  being estimated  after two years from the filing date  in the developed countries, in Brazil the delay  extends to  even up to 10 years. It is, thus, expected that the examination priority examination procedures, as specified in its regulation,  as those of the seniors, green patents and products related to the public health,  be  quickly considered for a reply.  

Identically, there is the difficulty of international extension  for the patent application   filed   in Brazil,  which is a matter of interest to a worldwide level office as Clarke Modet & Co.  

The Protocol of Madrid is a treaty signed in 1989 towards facilitating  the international registration of marks,  a system  worldwide regulated ever since the end of century XIX. Even though the adhesion be defended by the BPTO, there are sectors in the Society which raise obstacles.   The applicants of marks  will be offered many advantages as soon as  the countries become a signatory to the document, in connection with the simplification  of the registration process,  by means of a single  international application, decrease of the costs   and international covering of the  protection.  Protective barriers will be broken  for the protocol to be accepted  nationally,  by increasing the legal framework of the intellectual property in the Country.      

In concluding,   I wish to highlight that Clarke, Modet & Co.  has been  established in Brazil for 51 years,  and we believe  in the potential of the local innovation and creativity.  Our most important work is to supersede the cultural and red tape barriers, whether they may be personal of the researchers and entrepreneurs or of the national context,   in order that all  of us gain  in the increase of registration of marks and patents locally granted. The increase of the  number of registrations  is of a general interest,  in that the innovation generates benefits  for all the society,  enabling the  development   of the science, technology and the economic development  of the Nation. 

Clarke, Modet & Co - BRAZIL

Rio de Janeiro
Av. Marechal Câmara, 160, 12º andar (Ed. Le Bourget), RJ 20020-080
Tel: +(55-21) 3223-9500

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