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