LIVING IN BRAZIL IS A DREAM-COME-TRUE FOR MANY PEOPLE
7 de December de 2021
HOW TO FILE A PCT PATENT
7 de December de 2021Patent is a way to prevent a technology ever invented is copied. As well as the copyright, the relative has the due credit to the real content creators of these technologies. It is said that new technologies can also be understood as different ways to execute a task in an easier way than normal.
The purpose of patenting an invention is to protect the product from being placed on the market with a lower price than it really worths. Those who counterfeit the product do not spend one research and development, neither on high quality standards of production. Thus, illegal copies arrive at the market for a lower price and a poor quality, diminishing the trademark of the original creator.
Once an invention is protected as a patent, other entrepreneurs may not copy the product, without express authorization from the inventor.
The Brazilian law divides two types of patents: invention patent and the utility model patent. The invention can be protected by patent rights if it meets 3 requirements: (i) novelty; (ii) inventive action; and (iii) industrial application.
The patent protects the invention for 20 years and the utility model for 15 years. The watchdog body is the INPI, Instituto Nacional da Propriedade Industrial.
Recently, on March 2018, the United States of America filled a request against China on the World Trade Organization – WTO claiming infringements on American technologies, patents and intellectual property. US alleges that China has been forcing foreign companies to share their technology to enter the huge Asiatic market.
According to Everett Eissentat, Donald Tump’s adviser, the Chinese policy on intellectual property rights represents unfair competition.
The WTO, the World Trade Organization, urged “restraint and dialogue” among the great powers. According to Roberto Azevêdo, Director General of the WTO, “disrupt trade flows could threaten the world economy.”
China, however, said not to be afraid of a trade war. “If a trade war start, China will fight to the end to defend their legitimate interests with all necessary measures,” said the Chinese Embassy in Washington.
On this side of the globe, what we have is a friendly Brazilian policy towards intellectual property rights. Brazil’s recent past shows a strong protection concerning inventions. Despite the length of the analysis in the BrPTO – up to 8 years, the fact is that legal authorities and the Judiciary have been tackling counterfeit in the years.
Read more at (in Portuguese): https://noticias.bol.uol.com.br/ultimas-noticias/economia/2018/03/23/eua-iniciam-demanda-contra-china-na-omc-sobre-direito-de-patentes.htm
In English: https://www.wto.org/english/news_e/news18_e/good_28mar18_e.htm
To learn more about patents and intellectual property in our website, click here.
If you are considering transferring technology in Brazil, we also recommend that you check our guide for:
– How to register and protect a trademark
– How to file a PCT patente
