Wednesday, 3 June 2009

Brazilian Patent and Trademark Office new fee schedule

Published on 14 May in the Federal Gazette (in Portuguese, Diário Oficial da União) was Resolution nº 211 establishing the new official fees for the services performed by the Brazilian Patent and Trademark Office (BPTO). The new schedule represents an average increase of 24% in the overall fees, when compared with the last one, dating back to 2003.

Although the BPTO’s fees have not suffered any amendments since 2003, it appears that this move goes against the current trend of reducing the current costs and fees associated with IP rights prosecution, as has happened with OHIM.

This measure has been subject to vigorous complaints by the IP community in Brazil due to its inappropriate timing. The existing worldwide crisis and the cutbacks made by companies on IP matters have been the strongest arguments against such increase.
The BPTO has argued that the local economy is growing in a steady pace despite the world crisis, and that it has granted discount rates for trademark and patent applications filed by Brazilian small/medium size companies. Thus the timing of the increase is not as bad as it has been argued and the increase has been maintained.

The BPTO has nevertheless ignored the fact that most of the IP applications filed locally are on behalf of foreign companies, most specifically in the US and Europe. The envisaged result of the increase will be the reduction in the number of filings with the consequent decrease of the BPTO’s revenue.

Written by José Carlos Vaz e Dias. Posted by his friend and colleague Jeremy

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