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In 2008, the Federal Court for Tax and Administrative Affairs
(FCTAA) created a Specialized IP Court to decide all the cases
related to IP rights, which started work in January 2009.
But whenever cases referred to arguments based on International
IP Treaties, such as the Paris Convention or TRIPS, the files were
sent to the High Bench of the FCTAA, as this Bench had exclusive
jurisdiction in this regard.
This generated two separate problems: the magistrates of the
High Bench mostly specialized in tax issues and decisions were
delayed for months, due to the Bench's backlog.
As a result the internal law of the FCTAA was amended last
month, empowering Specialized Courts to decide cases based on
International Treaties.
At this point the only Specialized Court at the FCTAA is the IP
Court, but there are plans to open additional Specialized Courts,
starting with one on antitrust issues.
Additionally, the Federal Contentious Administrative Proceedings
Law (FCAPL) was amended to establish the "via sumaria"
(summary venue). This reform should reduce the periods provided to
parties, authorities, and the FCTAA to prosecute the nullity trial,
by establishing shorter deadlines.
At this venue, once the Court admits the trial, it has to
indicate the date to review and determine if the trial is ready for
the issuance of the decision on the merits, which cannot exceed 60
days.
Lawsuits challenging administrative decisions going against
precedents set forth by the Mexican Supreme Court concerning
unconstitutional laws, or precedents from the High Bench of the
FCTAA, can be studied under this new venue.
The summary venue cannot be used for fines imposed for
infringement of IP rights, and therefore it will not be used in
patent or trademark infringement cases, but cancellation cases and
other decisions by the Mexican authorities with jurisdiction on IP
matters could be challenged through it.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Brazilian Patent & Trademark Office has recently opened a new Public Consultation, this time on the draft guidelines for the examination of patent applications in the biotechnology field.
The Internet is not only one of the most effective and pervasive methods of communication, but also one of the most problematic areas regarding IP rights violation.
In corporate transactions it is extremely important to conduct a prior and detailed investigation over juridical aspects related to the target company before the closing of any deal. This investigation is known as due diligence.
FIFA special procedures for the organization and staging of these events, currently regulated by Law nr. 12.663, dated 05/06/2012, better known as the "World Cup General Law".
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The international treaty that addresses the deposit of biological materials for the purposes of patent procedure is the Budapest Treaty, which was created on April 28, 1977 and currently has 73 member countries.
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