Intellectual Property Newsletter: Brazilian PTO starts processing applications for position marks and more highlights
New European Patent System with Initary Effect (UP)
A new unitary patent system (“European Patent with Unitary Effect”, “UP-system” or simply “UP”) will become effective in the European Union (EU) in June 2023. According to the new system, patents granted in Europe and included in the UP-system will be valid in the vast majority of countries belonging to the European Union, without the need for the current validation procedure, separately, for each country of interest.
Brazilian PTO starts processing applications for position marks
The Brazilian Patent and Trademark Office ("Brazilian PTO") took another step towards protecting the so-called non-traditional marks, specifically in relation to position marks. The regulation on position marks was introduced by Ordinance No. 37/2021, but the Brazilian PTO only started processing applications for these marks last November.
The Federal Supreme Court confirms the impossibility of extending the term of patents in Brazil
The judgment of the Direct Action of Unconstitutionality nº. 5,529 ("ADI No. 5529") by the Federal Supreme Court, which occurred in April 2021, was a relevant milestone in the old war of counting of patents term in Brazil. The sole paragraph of art. 40 of the Industrial Property Law (Law 9.279/96), which had its constitutionality challenged in the aforementioned ADI, guarantee to the holders of patents granted by the INPI a minimum term of ten years from the date of the grant, which meant that a considerable number of patents had protection that extended the general rule of 20 years from filing.
