Wednesday, 20 November 2013

Things are about to change in Brazil, but to what extent?

On September 13th, 2013, the Ordinance 639, as published in the Federal Register, defined that Mr. Otavio Brandelli, diplomat from the Ministry of the International Relations, will be the new Commissioner of the BRPTO (INPI), replacing the current one, Mr. Jorge Avila (who has been in the position for the last 7 years).

Mr. Brandelli is a career diplomat expert and an IP expert, having previously being the chief of the Intellectual Property Department of the Ministry of the International Relations. Recently he had been serving in Montevideo, Uruguay, as a member of the permanent delegation to MERCOSUR and ALADI, two regional agreements.  Widely known as a sensitive  person to the balance of protection of IP Rights in developing countries, the new Commissioner was present at the discussions about the enactment of the current Industrial Property Law of 1996.  Mr. Brandelli is also one of the responsible for the "agenda for the development" that Brazil and Argentina presented at WIPO in 2006. 
Having some publications in co-authorship with the former Commissioner Mr. Roberto Jaguaribe (in Portuguese,  and in English), it is clear that his opinion states that a differentiated level of protection is necessary for developing countries. Another example of his opinion can be found here where together with Mr. Roberto Jaguaribe openly criticized the patent - pipeline system. 

It is still hard to foresee how this will impact the development of the IP, especially the patent system, the law and practice in Brazil. However, it is undeniable that changes will be expected upon Mr. Brandelli assuming the office.

Post written by Roberto Carapeto (Brazilian attorney).

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