Brazil: The absence of the Commissioner and Public Notes

Such Public Note points out that since the former Commissioner, Mr. Brandelli, has left the office in April 10 no replacement has been appointed. Before closing the Public Note by claiming to the federal government for a quick appointment, the note suggests the current officials of INPI should be considered as candidates for occupying the position currently vacant.

Within the Note, the Brazilian Bar argues that a strong dynamic system of protection to the industrial property is necessary for the social, economic and technological development of the country. Also, it is noted that since 2012 the current president Dilma has promised to change and modernize INPI. On developing that point, it is recalled that Art. 239 of the Brazilian IP Law foresees financial autonomy for the Institute, which has never been implemented. Moreover, it is noticeable the recent constitutional amendments that raised innovation as a constitutional goal (as per the new writing of the Art. 218 of the Brazilian Constitution).

In May 13, a Public Note was issued by the Brazilian Bar Association against the vacancy of the position of commissioner of the Brazilian Instituto Nacional da Propriedad Industrial (INPI). This was initiative of the Commission for Industrial Property and Anti-Piracy Matters of its Rio de Janeiro section.

The Public Note claims that the vacancy of the position prevents INPI to adopt the urgent and necessary steps for solving several issues such as the backlog. And for such a purpose, it is essential that the new Commissioner must be a person well skilled in the area.

While it might be true that the appointment of a new Commissioner will be important for the future of the INPI, they have actually been quite busy in recent times. This week, they have just launched the ‘beta test’ on its new website. Since late April, INPI launched the electronic filing system for industrial designs.

The hearsay is that the Brazilian government is having difficulties in finding someone suitable that is willing to accept this position, which is not seen as an easy one. Let's hope, however, that a person that can lead the Brazilian IP practice to a new level is found.

Post written by Roberto Carapeto (Licks Attorneys' Tokyo Office).