108 results found

Four Brazilian federal authorities have jointly convened a public hearing to address the sale of counterfeit and irregular products through digital platforms, signaling a shift toward regulatory proposals for the digital marketplace. The hearing will examine critical issues including platform liability, product verification mechanisms, consumer protection, and cooperation frameworks between platforms, regulators, and rights holders.

Contractual liability limitation clauses present complex challenges in Brazilian law, requiring careful balance between risk allocation and legal certainty. This analysis examines how parties can structure these provisions to protect their interests while respecting principles of good faith, equity, and the social function of contracts under Brazil's Civil Code.

Senior legal practitioners explain how antibody characterisation during patent prosecution can shape patent scope, validity, and enforcement in Brazil, drawing lessons from the landmark US Supreme Court decision in Amgen v Sanofi and examining the Brazilian Patent and Trademark Office's emphasis on structural definition in antibody claims.

Society irreversibly demands more transparency and as a result companies are required to comply with good governance practices.

The Brazilian Patent and Trademark Office has released its final draft of Examination Guidelines for New Uses of Known Products after nearly a year of consultation with the patent community.

Brazil's patent office is tightening disclosure requirements for AI-assisted inventions, particularly in biotechnology. While AI may assist the inventive process, inventorship remains human—but the real challenge lies in what must be disclosed when AI contributes to gene therapy and biotech patents.

Brazil's Supreme Court has finalized a landmark ruling that fundamentally alters how online service providers are held liable for third-party content...

Brazil has introduced comprehensive new regulations for digital platforms through two federal decrees that fundamentally reshape platform liability, content moderation requirements, and protections for women in digital spaces. The rules establish strict timelines for removing criminal content, mandate systemic risk assessments, and create presumed liability for unlawful content distributed through advertisements or artificial networks. How will these sweeping changes impact platform operations and user safe

The Brazilian Patent and Trademark Office has restructured its organizational framework, expanding its Patent Directorate from 20 to 26 specialized examination divisions while dissolving eight existing units. These administrative changes, implemented through a series of normative ordinances in 2026, represent a significant reorganization of how patent applications will be processed and managed across different technical areas.

The Brazilian patent system is approaching a turning point. Five years after the Federal Supreme Court (STF) struck down the sole paragraph of Article 40 of the Brazilian Patent Statute during the trial...

In order to launch a new pharmaceutical product in the Brazilian market, companies must apply for registration of the "medicine name".

Brazil's grace period provision allows inventors to disclose their inventions up to 12 months before filing a patent application without jeopardizing patentability. However, applicants face significant evidential challenges when proving the disclosure originated from the inventor, particularly when documents are authored by employers or third parties, and must navigate examiner discretion in the absence of clear regulatory guidelines.

China and Brazil's fifty-year diplomatic relationship has evolved into a strategic partnership where Chinese technology companies find a uniquely favorable patent enforcement environment. How does Brazil's unified federal patent system, high allowance rates for Chinese applicants, and effective standard-essential patent enforcement mechanisms position the country as a critical jurisdiction for Chinese innovators operating in telecommunications, automotive, and digital platforms?

Brazil's Life Sciences legal landscape is undergoing significant transformation through regulatory consolidation, pricing reforms, and evolving IP frameworks. Recent Supreme Court decisions on patent extensions and healthcare judicialization, combined with stricter CMED pricing controls, are reshaping market access strategies and creating both challenges and opportunities for pharmaceutical and biotech companies operating in this complex regulatory environment.

There are currently 30+ bills pending before the Brazilian Congress that were drafted for the purpose of amending the Brazilian Patent Statute.

Brazil's patent office has revised its examination guidelines for new use inventions in chemistry, particularly medical uses, following extensive stakeholder consultation. The updated rules now permit post-filing data under certain conditions while maintaining restrictions on dosage regimen and patient group claims, creating a mixed landscape for pharmaceutical patent protection in Latin America's largest market.

The patent system promises inventors exclusive rights in exchange for public disclosure, but enforcement has become prohibitively expensive, creating a minimum damages threshold that effectively rations access to justice. Litigation finance and contingency arrangements have emerged not as exploitation but as necessary responses to a system where defending patent rights can cost $12-20 million, making infringement economically rational even when patents are strong.

Brazil's bio-input industry has experienced remarkable growth, generating BRL 4.5 billion in revenue in 2024—a sixfold increase since 2019. With over 1,000 registered bio-inputs...