1. YOLVME ELEYEN NVMBER TEN . OCTOBER 19 9 ~ $4.9~
EXP RT
TODAY
SOUTH AMERICA
INFRASTRUCTURE BOOM:
THE SECONO WAVE
NEW BRAZIL PATENT &
TRADEMARK RULES
BEST ANDEAN MARKETS
•
ISO 14000: lHE
EFFICIENCY DlVIDEND
•
ARAIIA HUIS
MOROCCO, TUNISIA,
SAUDI ARABIA
•
POCKET MARKETING TO
. THE NEW ASEAN CLASS
•
HEDGlNG FOREX RISK
•
OCEAN TRANSPORT
PRICE OUTLOOK WITH
THE NEW ALLlANCES
•
CANADlAN CUSTOMS
•
WORLD BANK OPENS
BIDDING AT $22 BILLlON
•
UI SITES
WHERE II THE KINGOOM?

2. Intelleetual Property in Brazil
Foreign finns are being pronzised much better protection for their
patents and lrademarks.
by Erica Aoki
from the day the patent was granted.
Villalign the cOlmtry's mtellectual property • A patent can be forfeited iil cases where a compul-
Bra:il's.new much more?r~pert:y with proposal
legislation indusu'ial dosel1' law internation- 501'1' license is not sufficient to avoid abuse.
al standards, plimarily by widening the defillition of • Industrial designs will no longer by patentable, bm
what call be patented and what can be registered as a wiU be subject to registration valid for ten yeaI's, COlmt-
trademark. ed Eromthe filing date of application. Tlús peliod will he
The new bill, expected to be approved b1' Congress renewable for three successive, five-year periods.
within the next few months, also proposes adherellce to • Patents for inventions will be granted for 20 year::
the Paris Convelltion 011 Induso'ial Property, something and patents for utility models will be graIIted for 10
that was absellt before. yem"s,counting from the filing date.
Trus legislatioll is a major departure from the COUll- • Patent app!icatiolls related to food, chemical and
try's previous i11teUectualproperty laws, which i111993 pharmaceutical inventions can date from the first for-
lalldcd Brazil temporalily on the United States Trade eign correspollding application váth dle foUowing pro,-:-
Represel1tative's "priority foreign country'" !istoAmong sions: that a patent has not yet been granted in dle
the factors on wruch the USTR based its decision were COlllltryof origin, that the object has not yet been inrrü-
Brazil's term of protection for computer software, which duced in Brazil by the patentee or someone else with d..,
was 25 years instead of the international norm of 50 patentee's consent, and dIat third parties have not ye
years. Also, Brazil had maintained market access barri- undertaken actual and serious preparatioll to seUor ~-:-
ers to copyrighted works, such as computer soft:ware. the object in BraziJ.
Conditions should be much different under the new For trademarks, the new law includes the foIIov.~
law, however. For patellts, significant changes rrom the major changes:
old law include: • The concepts of certification maI"ks and collecúw
• An inventor will be able to patent food and pha1'- trademarks have been estal)lished for dle first time.
maceutical products, as well as their maIIuiacuu'illg • Marks that reproduce or imitate the chm·acteris':'.-
processes. or essential element of another party's maI·k 01'trade
• In the biotechnolog1' field, microorganisms created llaIlle wiU no longer be registerable. EXaIllples of t:hi:-
by a specific manufacturing process wiU be patentable. category include civil naIlles or-signatures, family na.:::.:.:"7
Living microorgmúsms nauu'aliy existing aI'e not 01' patrony:rnics, personal images and weU-known p::c;':-
patentable - with the exception of microorgallisms used donyms.
exclusively Ín a specuic product manufacturing procesSo • Any person ",ho in good faith has been using a
• Any persol1 who in good faith seUs or uses an inven- trademark fOI" identical or sinúlar products or senic ~"
tion in Brazil before a patem application has been filed, eidler tmder a prior application or merely by use. m~:;
or before dIe priority date of a patellt, ",iU have the right receive registration.
to continue selling or using dle Ínvention. .' A trademark Dot used for five years ·ViII e cor~~_-
b
• A person whose invention is pirated aIId patemed ered forfeit «ex-officio" UPOD request.
b1' someone else can request that the pirated patem be • A trademark owner may request judicial as.si~'-
nuliified or dIat it be reassigned to the original inventor. ment of the trademm'k instead of the annuhnent oÍ ::...
• When a patent OWllerabuses the exclusive rights registratioll.
conferred to him or abuses economic power (such as Et·iea Aoki, a Brazilian citizel1, ll"Ork.., ; ...
through CaItel practice), compulsory licenses ",i11be Washington offiees of lhe Minneapolis lt:.!~-=
.
granted after the expiration of a three-yeaI' term counted Dorse.l" & ti!:.:-.
58 EXPORT TOOAl DCTOSfEi :::'.::.::'