View
219
Download
1
Category
Tags:
Preview:
Citation preview
IPRs in Brazil for EU SMEs
Mercosur IPR SME Helpdesk
INDEX
o INVEST IN BRAZILo Why o IPR Statisticso Innovation Statistics
o IP Responsible Institutions & International Treatieso Main IPRs in Brazil
• Patents• Industrial Designs• Trademarks• Copyrights• Software
o Innovation policies & Funding systemo Additional information
IPRs IN BRAZIL FOR EU SMEs
WHY INVEST IN BRAZIL
WHY INVEST IN BRAZIL
EU- Brazil Market:
• EU goods exports to Brazil in 2013: €40billion
• EU goods imports from Brazil in 2013: €33.1billion
• Total amount traded in2011: €73.1billionSource: http://trade.ec.europa.eu/doclib/docs/2006/september/tradoc_113359.pdf
WHY INVEST IN BRAZIL
EU- Brazil Market:
• EU services exports to Brazil in 2013: € 14 billion
• EU services imports from Brazil in 2012: € 6.3 billion
• Total traded services in 2012: € 20.3 billion
• Brazil GDP in 2012: U$$ 2.246 trillion (Source: World Bank)
• Brazil GDP growth in 2014: 0.33% (Source: BR Central Bank)
WHY INVEST IN BRAZIL
KEY SME’S SUCCESS FACTOR IN BRAZIL: IPR PROTECTIONMain countries of origin of non-residents patent applications at the Brazilian Patent Office in 2011:
• United States: 8,218
• Germany: 2,820
• France: 1,784
• Netherlands: 1,148
• United Kingdom: 824
• Italy: 626
WHY INVEST IN BRAZIL
• EU is Brazil’s number one trading partner, accounting for a 20.8% of its total trade.
• Brazil is the EU’s eighth trading partner, accounting for a 2.1% of total EU trade (2013).
The main economic sectors in Brazil are “Primary products” related markets BUT:
1. Strong R&D institutions for agriculture, forestry, cattle raising (public investments), energy: EMBRAPA, National Institutes of S&T, universities.
2. Strong relations between those institutions and industrial sectors.
3. Current Brazilian global position had forced Brazil to put the spotlight on innovation.
WHY INVEST IN BRAZIL
IP STATISTICSo IPR activity by residents and non-residents
— patent system is largely used by non-residents (about 77% of applications are done by non-residents).
— Trademarks - 80% of the applications were made by non-residents. o During 2012, the IP Office (INPI) received
— 33.395 patent applications,— 150.107 trademark applications (312.808 word trademarks , 24.123
figurative trademarks , 537.934 mixed trademarks and 1.046 tridimensional trademarks ).
o The technological areas with more patent applications in the last years are:— Chemistry— Metallurgy— Environmental technologies
More information can be found at: http://www.inpi.gov.br/portal/artigo/estatisticas
IP STATISTICS
Patent Applications
INPI statistics report that Germany, France, the Netherlands, Italy and the United Kingdom were responsible for 24.5% of the patent applications received in Brazil between 2007 and 2011 (Source: INPI). They were mainly applied via PCT (Source: INPI)
Year Resident Rank Non-
Resident
Rank Abroad Rank
2011 4,695 18 23,954 8 1,664 26
2012 4,798 18 25,637 8 1,809 27
2013 4,959 15 25,925 9 1,891 27
IP STATISTICS
Patent Applications by Top Fields of Technology (1999 - 2013)
Field of Technology Share
Civil engineering 6.74
Transport 6.26
Other special machines 6.24
Medical technology 5.85
Handling 5.77
Furniture, games 5.56
Other consumer goods 5.30
Electrical machinery, apparatus, energy 4.67
Engines, pumps, turbines 4.08
Pharmaceuticals 4.06
Others 45.47
Patent grants to non-residents by fieldof technology (2012):
1. Organic fine chemicals (546)2. Chemistry for basic materials (520)3. Macromolecular chemistry, polymer (381)4. Mechanical engineering, management (344)5. Metallurgy materials (285)
Source: INPI
IPRS STATISTICS
Category Score Global Rank Regional Rank
International Property Right Index 5.6 55 of 130 6 of 23
Physical Property Rights 6.0 68 of 130 9 of 23
Protection of Physical 6.7 48 of 130 5 of 23
Registering Property 6.8 120 of 130 21 of 23
Intellectual Property Rights 5.6 52 of 130 6 of 23
Protection of Intellectual Property Rights 7.2 48 of 130 21 of 23
Patent Protection 7.2 48 of 130 20 of 23
Copyright Protection 4.7 40 of 130 2 of 23
IPRS STATISTICS
IPRs registration Year Residen
t
Non-
Resid
ent
Abroad
Utility Models (applications)
2012 2,880 117 26
2013 2,891 141 33
Trademarks 2012 41,670 13,56
0
8,683
2013 27,714 9,197 10,228
Industrial Designs
2012 2,415 1,917 874
2013 1,487 1,169 1,183
Software registration
• Applications (2013): 1,448• Grants (2013): 619
INNOVATION STATISTICS
o According to the Global Innovation Index 2014, Brazil ranked 61 out of 143 and 5 out of 22 at regional level (LA).
o On the other hand, the previous edition of the Index (2013) remarked Brazil’s strenghts in high-tech and medium-high-tech output (22nd), the QS university ranking average score of top 3 universities (24th), royalties and license fees receipts over total service exports (29th), GERD performed by business enterprise as a percentage of GDP (36th), patent families filed in at least three offices (42nd), and logistics performance (45th).
o Additionally, Sao Paulo is appointed as one of the 20 top start-up ecosystems in the world
IPRs IN BRAZIL FOR EU SMEs
IP RESPONSIBLE INSTITUTIONS & INTERNATIONAL TREATIES
IPR RECOGNIZED BY NATIONAL LAW – AND RESPONSIBLE INSTITUIONS
INPI
Serviço Nacional
de Proteção
de Cultivares -
MAPA
Fundação Biblioteca Nacional
Escola Nacional de Belas
Artes
PATENTS X
UTILITY MODELS X
INTEGRATED CIRCUIT DESIGN X
COPYRIGHT X X
PLANT VARIETIES X
TRADEMARKS X
APPELLATIONS OF ORIGIN X
GEOGRAPHICAL INDICATIONS X
INDUSTRIAL DESIGN X
TRADITIONAL KNOWLEDGE AND GENETICAL RESOURCES
Source www.inapi.cl
INTERNATIONAL TREATIES RATIFIED Berne Convention (Copyright) Paris Convention (Industrial Property) TRIPS Agreement (IP – WTO) PCT (Patents) UPOV 78 (Plant Variety Rights) Convention on Biological Diversity
Since Brazil has not ratified the Madrid System (Trade Marks) and The Hague Agreement (Designs), it is not possible to designate this country in a single International application for registrations of trademarks or designs, respectively.
STRENGTHS & WEAKNESSES OF THE IP SYSTEM
Strengths:
• Brazil is member of most IPR-related International Treaties. Thus, its
substantive Law includes the IPRs essential provisions such as priority, or rights duration;
• Brazilian regulation provides reasonable standards of protection for IPRs;
• Strong funding and financing system;
STRENGTHS & WEAKNESSES OF THE IP SYSTEM
Weaknesses:
• Lengthy IP registration proceedings, specially in cases patents and trademarks;
• Due to the strict observation of the due process of law, enforcement is also considered lengthy in comparison to other countries;
• Pharmaceutical patents must be submitted to approval for granting by ANVISA (Health Surveillance Agency) which, in practical terms, re-examines the patentability conditions, creating a double examination on such patent applications.
IPRs IN BRAZIL FOR EU SMEs
MAIN IPRS IN BRAZIL: PATENTS
PATENTS: WHAT YOU NEED TO KNOW
o What are Patents? They are exclusive rights granted by the State for protecting an invention, which is a technical solution for an industrial problem.
o Which kind of Patents can be protected? Patents protect inventions such as a product or a
process. Utility Models, are ‘petty patents’, such as new
devices that provide an improvement, or technical effect in the function of an object.
PATENTS: WHAT YOU NEED TO KNOW
Basic patenting requirements:
• Patents of Invention must be New, imply an Inventive Step and subject to Industrially Applicability.
• Utility Models are also patentable if they comply with the abovementioned requirements.
Please note that, even when the requirements are the same, the Novelty and Inventive Step in Utility Model have a less demanding standard than in Patents
PATENTS: WHAT YOU NEED TO KNOW
How long does legal protection last?
o Patent of Inventions protection lasts 20 years from the filing date.
o Utility Models protection lasts 15 years from the filing date.
PATENTS: WHAT YOU NEED TO KNOW
o What is excluded from Patentability?
Immoral inventions and those which its commercial exploitation is forbidden for public order, ethics, health and environment protection reasons.
PATENTS: WHAT YOU NEED TO KNOW
o What is not considered Invention?
Subject matters are excluded from patentability if they lack
of technical purpose or concern plants, animals, essentially
biological processes to produce plants or animals, parts of
living beings, surgery and diagnostic methods applied to
human body or animals.
o Is there any exception?
Yes. Genetically modified microorganisms.
PATENTS: WHAT YOU NEED TO KNOW
o Who can register?
Any natural or legal person can apply for the registration of a Patent. Foreign natural or legal persons shall appoint an agent or representative in Brazil.
o Where to register?
Applications can be filed before Instituto Nacional da Propriedade Industrial (INPI) offices, personally, by post or electronically.
PATENTS: WHAT YOU NEED TO KNOW
How much does it cost?
Depending on whether the request is submitted electronically or in paper, the costs range between € 22 and € 31 for national Patents or Utility Models.
Requests for Technical Examination of patents cost €41 if less than 10 claims. From the 11th to 15 claim, an amount ranging from €12 per claim (up to 15 claims) to €61 per claim (more 30 claims) will be charged.
PATENTS: TIPS AND WATCH OUTS
Grace Period
o Brazilian legislation grants the inventor the ‘grace period’ for Patents and Utility Models.
o The ‘grace period’ provides that the novelty requirement is not affected by disclosure of the invention during the twelve (12) months prior to the filing date.
IPRs IN BRAZIL FOR EU SMEs
MAIN IPR IN BRAZIL: INDUSTRIAL DESIGNS
IDs : WHAT YOU NEED TO KNOW
o What are industrial designs?
Industrial Design (IDs) protects the exterior ornamental forms of objects, lines and colours applied to a product, provided that they make a new and original result and are suitable to industrial application.
o Features, dimensions, materials or manufacturing processes of an object are excluded from design protection.
IDs : WHAT YOU NEED TO KNOW
How long does legal protection last?
o Industrial Designs are protected for a period of time of 10 years from the filing date, with the possibility to renew it for 3 additional periods of 5 years (25 years in total).
IDs : WHAT YOU NEED TO KNOW
o Who can register?
Any natural or legal person can apply for the registration of an Industrial Design. Foreign natural or legal persons shall appoint an agent or representative in Brazil.
o Where to register?
Applications can be filed before Instituto Nacional da Propriedade Industrial (INPI) offices, personally, by post or electronically.
IDs : WHAT YOU NEED TO KNOW
How much does it cost?
o Industrial Design application fees are around €235 for companies and around €95 for individuals
o In case of paper application for companies, fees are around €163, whereas natural persons have to pay an approximate € 63 fee.
IDs : WHAT YOU NEED TO KNOW
Grace Period
o Brazilian Law establishes a 6-month grace period.
o Therefore, any disclosure made during the 6 months prior to the application would not affect either the novelty or the originality of your designs.
IDs : WHAT YOU NEED TO KNOW
Cancelation action:
The deadline to request for the cancellation of an Industrial Design registration before INPI is five years from the granting date.
After such period, the cancellation should be requested before the Courts.
IPRs IN BRAZIL FOR EU SMEs
MAIN IPR IN BRAZIL: TRADEMARKS
TRADEMARKS: WHAT YOU NEED TO KNOW
o What are trademarks?
A trademark is a distinctive sign that can be represented graphically and distinguish the origin of goods and services.
o Which kind of trademarks can be protected? • Word marks (words and slogans)• Figurative marks (images)• Combined marks (words and images)• Three-dimensional marks (for shapes)
TRADEMARKS: WHAT YOU NEED TO KNOW
Registration requirements :
Graphically represented: Therefore, sound, tactile, taste and smell marks cannot be registered.
Distinctive: a sign is to be original and/or fanciful. Not deceptive: regarding the ownership or the origin of the goods and
services Available: a sign must be not identical with or similar to existing prior
trademarks
TRADEMARKS: WHAT YOU NEED TO KNOW
How long does legal protection last?
Trademark protection lasts for 10 years from the granting date and can be indefinitely renewed for consecutive ten-years periods.
TRADEMARKS: WHAT YOU NEED TO KNOW
o Who can register?
Any natural or legal person can apply for the registration of a trademark. Foreign natural or legal persons shall appoint an agent or representative in Brazil.
o Where to register?
Applications can be filed before Instituto Nacional de Propriedade Industrial (INPI) offices, personally, by post or electronically.
TRADEMARKS: WHAT YOU NEED TO KNOW
How much does it cost?
A trademark in Brazil costs around €390 if the application is filed in paper (in person or by post) or €336 if application is filed online. This includes the application fee and the registration certificate fee for the first 10 years.
The renewal cost is around €336.
TRADEMARKS: TIPS AND WATCH-OUTS
How much does it cost?
Brazil adopted the single class trademark registration system. Therefore, a separate trademark application must be filed with respect to each class of products or services of the International Classification of Nice (10th edition) for which the trademark protection is requested .
TRADEMARKS: TIPS AND WATCH-OUTS
Company name´s protection
The registration of a company at the State Clerk’s Office (State Board of Trade) also entails certain degree of protection for the name of the company.
IPRs IN BRAZIL FOR EU SMEs
MAIN IPR IN BRAZIL: COPYRIGHT
COPYRIGHT: WHAT YOU NEED TO KNOW
• What is it? Copyright is an IPR that protects the exclusive rights of authors of intellectual works.
• Who is the author? The author is the creator of the work (usually the person indicated in the work when it is disclosed, or the person indicated in the registration).
• Which kind of assets does it protect? Any literary, artistic or scientific work.
WHAT IS IT PROTECTABLE?
COPYRIGHT: WHAT YOU NEED TO KNOW
o Why Copyright may be important?
Copyright protection grants to the author both moral and economic rights.
o Economic Rights: are exclusive rights over the use and commercial exploitation of the intellectual work.
o Moral Rights: are exclusive personal rights of the author.
• When is Copyright protection acquired by authors? Copyright protection is legally acquired by the author by
the mere creation of the intellectual work.
COPYRIGHT: WHAT YOU NEED TO KNOW
How long does legal protection last?
o Copyright protection lasts for the author’s life plus 70 years after his/her death.
o In case of computer programs, if the rightholder is a legal entity, the term of protection shall last for 50 years after the first publication.
COPYRIGHT: WHAT YOU NEED TO KNOW
Shall I register copyright?
Copyright Registration is voluntary but advisable, especially to enforce the right.
• Possible options: Unregistered Copyright Registered Copyright
COPYRIGHT: WHAT YOU NEED TO KNOW• Example
Unregistered Copyright: authors must recollect and furnish documents such as publications, including detailed information to prove authorship and ownership.Registered Copyright: the registration certifies the date of creation of the work, its content and confers authors a (rebuttable) presumption of authorship by law.
If your copyright is already registered in a foreign country member of Berne Convention, you can ASSURE its PROTECTION in Brazil including the following:
Mention: ‘All rights reserved or Reproduction forbidden’,Letter c rounded by a circle (©), name of copyright holder and registration number.
COPYRIGHT: WHAT YOU NEED TO KNOW
o Who can register? A natural person (the author), or a legal person (work´s right holder i.e work inventions). Foreign applicants do not need to be represented.
o Where to register?
Fundação Biblioteca Nacional (BN) On-line, on its website. In person, before Fundação Biblioteca Nacional or
its offices By post
COPYRIGHT: WHAT YOU NEED TO KNOW
o Which documents do I need?• An Application Form duly fulfilled and • Documentation required • Details can be found at BN offices or website
o How much does It cost?• Literary works: 6€ for individuals and 80€ for
companies• Images: 10€ for individuals and 17€ for companies
COMPUTER PROGRAMS IN BRAZIL: WHAT YOU NEED TO KNOW?
o Why COMPUTER PROGRAMS registration may be important?
In order to demonstrate ownership on computer programs, Brazilian legislation requires proof of authorship upon the work, either by publication or by other means of evidence (always subjected to further questioning in court).
Consequently, for computer programs, registration represents the best option for authors to protect their rights and ownership.
COMPUTER PROGRAMS IN BRAZIL: WHAT YOU NEED TO KNOW?
o Who can register? A natural person (the author), or a legal person (that holds the rights). Foreign applicants must appoint a Brazilian legal representative.
o Where to register?— Instituto Nacional de Propriedade Insdustrial (INPI)— In person, at INPI or its offices — By post
COMPUTER PROGRAMS IN BRAZIL: WHAT YOU NEED TO KNOW?
o Which documents do I need?— An Application Form duly fulfilled and — Documentation required — Details can be found at INPI offices or website
o How much does it cost?— From 76€ up to 361€, depending the size of the
program
IPRs IN BRAZIL FOR EU SMEs
INNOVATION POLICIES & FUNDING SYSTEM
INNOVATION POLICIES & FUNDING SYSTEM
Economic stability and a new cycle of industrial development policy:
Sectorial funding system: National Fund for S&T and Development (inter-ministerial): space, agriculture, biotech, oil&gas, infrastructures, transports, telecommunications, etc.
BNDES (National Development Bank) and FINEP (Federal Innovation Agency) linked: sectorial priorization and SME funding systems
S&T States Agencies: funding for SMEs (in collaboration with Universities and S&T Institutes)
INNOVATION POLICIES & FUNDING SYSTEM
Entreprises based in Brazil for more than 3 years can access to:
o Funding and finance instruments (credit)
o Fiscal incentives (Law of Good)
INNOVATION POLICIES & FUNDING SYSTEM
Websites of interest
o Brazilian Development Bank (BNDES) website:
http://www.bndes.gov.br/SiteBNDES/bndes/bndes_en/Institucional/Financial_Support/support_modalities.html
o Financiadora de Estudos e Projetos (FINEP) website:
www.finep.br
IPRs IN BRAZIL FOR EU SMEs
ADDITIONAL INFORMATION
MAIN IP ORGANISATIONS AND SOURCES OF INFORMATION
NAME WEB ADDRESS
INPI - Instituto Nacional de Propiedade Industrial
Fundação Biblioteca Nacional
http://www.inpi.gov.br
http://www.bn.br
SEBRAE: A PORTAL FOR SMEs
Industrial Property Agents Association :
http://www.sebrae.com.br/sites/PortalSebrae
http://www.abapi.org.br
Industrial Property Agents Association Listing: http://www.abapi.org.br/abapi2014/listaassociados.asp?ativo=Sim&secao=Associados&subsecao=Lista%20completa®iao=
Mercosur IPR SME Helpdesk: http://www.mercosur-iprhelpdesk.eu
SEND US YOUR QUESTIONS ON IP!RECEIVE AN ANSWER FROM OUR EXPERTS
WITHIN 5 WORKING DAYS
MULTI-LINGUAL WEB PORTAL:
www.mercosur-iprhelpdesk.eu
HELPLINE:
helpline@mercosur-iprhelpdesk.eu
EMAIL:
info@mercosur-iprhelpdesk.eu
PLUS:
• Clinics & Workshops• Webinars• Newsletter• Business publications• FAQs• IP Glossary• Videos• And more…
Recommended