IP Strategies in Brazil: It is worth investing
The 3rd Intellectual Property Seminar organized by the National Industry Confederation was held on November 5th and has counted with many government representatives, such as the president of Brazilian Patent and Trademark Office and members of the Economy, Citizenship and Foreign Affairs Ministries, whom has provided a broader view of some measures being taken by the government to strengthen IP development in Brazil and, consequently, internal and foreign trade relations.
According to the 2019 World Intellectual Property Indicators Report, Brazil has recorded the fifth consecutive decrease in number of new patent applications in 2018. Mr. Claudio Vilar Furtado (Brazilian PTO president), on the other hand, has set the goal for tripling applications filed by Brazilian companies in the next two years. Apart from that, since August 2019, measures to reduce patent backlog are being taken and have already brought some practical effects (see table below).
The recreation of the GIPI – Inter-ministerial Intellectual Property Group – in July 2019, has enabled further discussions regarding the lack of effective strategies and, as a result, the National Intellectual Property Strategy was established, following the steps of the BRICS with the aim to consolidate the country’s ability to generate economically valuable IP assets and to avoid political interference in the development of the matter during legislatures.
It will have two key points: efficiency (shortening time to protect rights) and effectiveness (strict combat against piracy). The work schedule foresees the preparation of the strategy to be communicated between September and December 2019, public consultation around February 2020 and approval of the final document by August 2020.
Furthermore, during the second half of 2019, the Justice and Citizenship Ministries has signed a protocol combining efforts to combat protected IP works piracy, applying effective actions to build and enforce public policies. As a result, the Justice Ministry launched Operation 404 addressing illegal content streaming in websites and apps. Likewise, it is important to consider the excellent work performed by the Foreign Affairs Ministry, enabling the Brazilian entry to the Madrid Protocol and finalizing negotiations for the Agreement between Mercosur and the European Union. The Ministry is now preparing to join the Budapest Treaty on International Recognition of the Deposit of Microorganisms for the purposes of Patent Procedure.
Given the measures adopted, it is credible that Brazil is moving forward to overcome the unaccepted backwardness in this crucial area for its economic development, seeking a true change of mindset not only in government, but also in business, providing greater knowledge and credibility of the system.
