The arrival of 2019 has been accompanied by many changes from the Brazilian Patent Trademark Office (BPTO). The agency has:
- Officially adopted the 11th edition of the Nice International Classification for trademarks (http://www.inpi.gov.br/menu-servicos/arquivos-dirma-1/NC11textoexplicativomudanas.pdf).
- Established new conditions for the registration of Geographical Indications with its Normative Instruction No. 095/2018, which revoked the previous regulation of 2013. The new regulation establishes that certain names are not protected by GIs: (a) the names of vegetables registered as plant varieties or that are of common use, (b) the names of existing animal breeds and (c) names that are likely to cause confusion with other GIs.
- Announced the first edition of an Industrial Design Guidance, which consolidates the guidelines and procedures related to the examination of applications for the registration of industrial designs and which provides instructions for formulating orders and monitoring processes.
- Has become, with President Jair Bolsonaro's signing Decree No. 9.660, a part of the newly formed Ministry of Economy, which is a fusion of four different ministries, including the Ministry of Development, Industry and Foreign Trade ("MDIC"), of which the BPTO was part in the former government. In addition, Claudio Vilar Furtado was appointed as the new BPTO president. We will see how these developments impact the Industrial Property in Brazil, especially in light of the BPTO's strategic plan published in late 2018.
- Announced a technical partnership with CAS (American Chemical Society) for the use of artificial intelligence tools to expedite the examination of patent applications.
Published a new strategic plan, which states the followings mission, vision and values for the BPTO:
The plan also establishes five strategic goals for the BPTO to achieve by 2021: (i) optimize the quality and efficiency of granting industrial property rights; (ii) expand and improve the availability of data, information and knowledge pertaining to industrial property; (iii) participate in the International System of Intellectual Property, which would significantly change the local trademark systems; (iv) achieve organizational excellency; and (v) promote the development, performance and well-being of the BPTO's professional staff.
Of those five goals, it's worth highlighting the first two, which are the main goals: (i) to significantly reduce the duration of the administrative procedures—e.g., decreasing from 19 months to 4 months the term for a first technical exam without opposition procedures for trademarks and decreasing the percentage of patents issued 10 years or more from the filing date from 65.2% to 0.0% and (ii) to prepare the BPTO to implement the Madrid Protocol and other international IP treaties.
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