Report edite by Tinoco Soares___

New Brazilian act on patents and marks
(number 9.279 of 14/05/1996)

The ruling act on RIGHTS AND OBLIGATIONS RELATED TO THE INDUSTRIAL PROPERTY has been approved and shall be in force as of May 14th 1997, with the exception contained in article 231 which provides for IMMEDIATE ...(click here to read more)

Patents

Invention patents and utility models shall be checked. The invention which meets the novelty, inventive activity and industrial applicability requirements shall ... (click here to read more)

Industrial designs

The model and industrial design patent has been abolished, however, they may be sensitive to REGISTER OF INDUSTRIAL DESIGN for “all ornamental plastic form ...(click here to read more)

Forfeiture

Forfeiture may be declared by office or at the request of interested party in the event it is not used two years from the compulsory license.

Certificate of addition of invention

The applicant or holder of the patent may apply for a Certificate of Addition in order to protect the improvements or developments introduced in the object of the invention, even if its devoid of inventive concept.

Annuity

Annuities become due in the beginning of the third year of filing date.

Filing documents required

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Marks

Product or service marks, certification and collective marks shall be granted registration in a “nominative, figurative and mixed forms”. ...(click here to read more)

Forfeiture

Forfeiture may be declared at the request of the interested party in the event it is not used five years as of the date it is granted.

Geographical indications

Indication or designation of origin constitutes geographical indication.

Crimes against the industrial property

Violation of the invention patent and utility model rights, violation of register of industrial design, violation of product or service mark, violation of geographical indications.

Unfair competition crimes

For the false affirmation in detriment of the competitor, the use of fraudelent means to deviate someone else's clients, deviation of factory and business secret and for other means mentioned in the Paris Union Convention.

Classification of products and services

Brazil adopts the international classification in it's 8th edition.

Filing documents required

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