IPRs in Brazil for EU SMEs Mercosur IPR SME Helpdesk

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


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


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)


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


• 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.


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

http://www.inpi.gov.br/images/docs/dirpa_estat_portal_ago-13_tabela_2.pdf

http://www.inpi.gov.br/images/docs/dirpa_estat_portal_nov_13_tabela_7.pdf

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

http://www.inpi.gov.br/images/docs/dirpa_estat_portal_out_13_tabela_5_campo_tec_concess_0.pdf

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


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.


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.


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


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.


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.


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.


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.


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.


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.



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).


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.


Applications can be filed before Instituto Nacional da Propriedade Industrial (INPI) offices, personally, by post or electronically.



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.


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.


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.


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)


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



Trademark protection lasts for 10 years from the granting date and can be indefinitely renewed for consecutive ten-years periods.


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.


Applications can be filed before Instituto Nacional de Propriedade Industrial (INPI) offices, personally, by post or electronically.



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


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.


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?


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.



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.


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.


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.


Fundação Biblioteca Nacional (BN) On-line, on its website. In person, before Fundação Biblioteca Nacional or

its offices By post

http://www.bn.br/portal/?nu_pagina=28


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

http://www.bn.br/portal/?nu_pagina=28

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.


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


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

http://www.inpi.gov.br/portal/acessoainformacao/artigo/programa_de_computador_1351692237105


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)


Entreprises based in Brazil for more than 3 years can access to:

o Funding and finance instruments (credit)

o Fiscal incentives (Law of Good)


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



http://www.finep.br/


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&regiao=

Mercosur IPR SME Helpdesk: http://www.mercosur-iprhelpdesk.eu

http://www.inapi.cl/

http://www.bn.br/

http://www.sebrae.com.br/sites/PortalSebrae

http://www.aduanas.cl/

http://www.tdpi.gob.cl/



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IPRs in Brazil for EU SMEs Mercosur IPR SME Helpdesk