Government TPR |
WT/TPR/G/358 |
G-IV§40 |
Brazil |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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New Patent Prosecution Highway (PPH) pilot programs are being negotiated. Together with PPH pilot programs, actions on patent priority exams were in place in 2016. The first one consists of transforming the Green Patents pilot program into a definitive service offered by INPI, making it possible to prioritize patent requirements regarding the environment and green technologies. The second action is a pilot project that allows small businesses, the financial resources of which are generally reduced, to have their patent requirements prioritized.
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-III§187 |
Brazil |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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(...) The body of legislation that has not been notified to the TRIPS Council includes the laws on: (...) access to and benefit sharing of genetic resources and associated traditional knowledge; (...)
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Keywords
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-Table-III.22 |
Brazil |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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Table 3.22 National IPR legislation, 2017
Subject/Law Coverage Duration Exclusions and limitations Remarks
Patents
Industrial Property Law No. 9,279 (14 May 1996), amended by Law No. 10,196 (14 February 2001)
Law No. 13,123 (20 May 2015) Any invention that is new and involves an inventive step and is capable of industrial application. 20 years from date of filing. At least 10 years of effective patent protection is granted if more than 10 years have passed between the application's filing and the granting of the patent.
Substances, materials, mixtures or products of any kind, and processes for their modification, when resulting from the transformation of the atomic nucleus; biological processes and natural living material; surgical techniques and methods; computer programmes per se. Compulsory licences may be granted in cases of anti-competitive behaviour, national emergency or in public interest. Law No. 10,196/2001: prior approval from ANVISA for granting patents for pharmaceutical products and processes.
Decree No. 4,830/2003 regulates the granting of compulsory licences.
Law No. 13,123/2015 regulates access to and benefits sharing of genetic resources and associated traditional knowledge.
(...)
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Keywords
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-III§190 |
Brazil |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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(...) During the period under review, Brazil has taken steps to streamline the submission and examination of applications for various forms of industrial property protection, including patents and trademarks. Procedural innovations included: the implementation of a system for simplified electronic filing and WIPO's Industrial Property Automation System (trademark applications); fast-track examination initiatives (e.g. for "Green Patents", and applications by micro-enterprises and the disabled); publication of examination guidelines (patents and trademarks); and a productivity incentive programme for examiners.
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Keywords
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-III§201 |
Brazil |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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During the period under review, Brazil introduced penalty provisions for infractions in the collective management of copyright and related rights, and in the benefit sharing of genetic resources and associated traditional knowledge. (...)
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Keywords
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Secretariat TPR |
WT/TPR/S/324 |
S-III§109 |
Southern African Customs Union (SACU): Namibia |
2015 |
Measures |
Intellectual property measures |
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Relevant information
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Patents are available for any invention, whether products or processes, in all fields of technology, provided the invention is new, involves an inventive step and is industrially applicable. Matter excluded from patentability include (...) plants and animals (other than micro organisms) and essentially biological processes for their production; the human body and the whole or parts of natural living beings and biological materials found in nature; (...)
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Keywords
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Secretariat TPR |
WT/TPR/S/324 |
S-Table-III.7 |
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2015 |
Measures |
Intellectual property measures |
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Relevant information
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Table 3.7 Legislation on intellectual property rights, 2015
Subject and main legislation Coverage Duration Selected exclusions and limitations
Patents
Patents Act (Act No. 57 of 1978) as amended in 2005 A patent may be granted for any new (1) invention which involves an inventive step (2) and which is capable of being used or applied (3) in trade or industry or agriculture 20 years from the date of application, subject to payment of the prescribed renewal fees.
Patent takes effect from the date of publication. The following are not patentable inventions: a scientific theory; a mathematical method; a literary, dramatic, musical or artistic work or any other aesthetic creation; a scheme, rule or method for performing a mental act, playing a game or doing business; a program for a computer; the presentation of information; an invention or exploitation which encourages offensive or immoral behaviour; and any variety of animal or plant or any essentially biological process for the production of animals or plants, not being a microbiological process or the product of such a process.
Nuclear Energy Act (Act No. 131 of 1993) Patenting of inventions in respect of nuclear material, restricted material, nuclear energy and nuclear related equipment and material
(...)
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Keywords
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Secretariat TPR |
WT/TPR/S/326 |
S-III§163 |
Thailand |
2015 |
Measures |
Intellectual property measures |
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Relevant information
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Protection under the sui generis Plant Varieties Protection Act B.E. 2542 (1999), is for up to 27 years. It defines plant varieties eligible for protection and stipulates that genetically modified varieties may only be registered after they are officially appraised as safe for the environment, health, and public welfare. (...)
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Keywords
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Secretariat TPR |
WT/TPR/S/357/REV.1 |
S-III§312 |
European Union |
2017 |
Measures |
Intellectual property measures |
Agriculture |
Relevant information
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The following agreements with geographical indication (GI) coverage have been finalized or have entered into force since the last report:
(...)
In a similar vein, Protocol 3 attached to the Economic Partnership Agreement with Southern African Development Community (SACD) EPA States , signed on 10 June 2016 and provisionally applied since 10 October 2016, covers GI protection together with winemaking practices and certification requirements, but is applied only to South Africa and the EU for the time being. It includes detailed rules about the scope of protection, the relationship with trademarks and enforcement of GIs, as well as Annex I with a non-exhaustive list of more than 100 GIs from South Africa and more than 250 from the EU that are to be protected in both parties' jurisdictions and that third-country manufacturers will no longer be allowed to use for exports of their products to the EU and South Africa. On the other hand, the Economic Partnership Agreement concluded with the East African Community Partner States in October 2014 has only limited provisions in the field of GIs, recognizing their importance for sustainable agriculture and rural development. (...)
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Keywords
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Secretariat TPR |
WT/TPR/S/355/REV.1 |
S-III§181 |
Switzerland and Liechtenstein |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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Bilaterally, Switzerland has concluded a Free Trade Agreement with China that entered into force on 1 July 2014. The Agreement contains an elaborate chapter on intellectual property protection, which builds on the Swiss-Chinese bilateral dialogue on intellectual property since 2007 and provides for "more precisely [specified] or enhanced IP projection" than the TRIPS Agreement. The IP provisions provide for, inter alia, protection for acoustic trademarks , patentability of inventions in the area of biotechnology and herbal medicines , disclosure of traditional knowledge and genetic resources in patent applications, pharmaceutical test data exclusivity for 6 years , plant variety protection, and protection against misleading use of country names. Under the Agreement, border measures must be available also in respect of patent and design violations both on import and export. Bilateral Swiss memoranda on dialogues on intellectual property exist also with Singapore and India.
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