Thursday, February 8 2024   \  Published by CNV Brazil.

New guidelines about trademark and patent appeals in Brazil

New guidelines about trademark and patent appeals in Brazil

Brazilian Trademark and Patent Office (National Institute of Industrial Property – INPI) published on December 12th, 2023 a presidential decision giving Normative Effect to the legal guidelines concerning the limits and application of the devolutive effect of the appeal, due to Opinions issued by the Attorney General’s Office.

According to Article 212 (1) of Law No. 9.279/96 (Brazilian IP Law), appeals shall be received in full suspensive and devolutive effects, applying all the provisions concerning the first instance examination, when applicable.

In summary, the Opinion no. 00016/2023/CGPI/PFE-INPI/PGF/AGU (0900474) provides that if the applicant does not correct an error in the first procedure opportunity available, the error is not going to be rectified; furthermore, if no power of attorney is filed in due time (60 days after the filing receipt), the application shall be definitively abandoned and no appeal will be acknowledged concerning this matter. Finally, if a new relevant matter is included in the petition and it can directly affect the administrative decision, the application shall return to the first administrative stage; however, if the matter can be immediately analyzed in the second stage, the appeal will be examined. Read more

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