WIPO-CNI-INPI Second Seminar on Industrial Property

June 4, 2018

On May 8, the Brazilian National Confederation of Industry (CNI), in cooperation with the WIPO Brazil Office (WBO) and INPI/Brazil, organized the II Seminar on Intellectual Property. The event took place in São Paulo and welcomed 150 participants from all over Brazil. Attendees included companies, law firms, government officials, academia, and research institutions.

The objective of this Seminar was to bring together national and international representatives from the public and private sectors to discuss the role of intellectual property (IP) for the creative sector, and in particular, the process for acceding to the Madrid Protocol.

The panels covered the following topics:

International cooperation
The Madrid Protocol
International negotiations
National measures from INPI to reduce the backlog of patent examinations

Opening remarks

In the opening table, the Director of Industrial Development of CNI, Mr. Carlos Eduardo Abijaodi, mentioned the recent developments in the national IP system, especially in the fields of international cooperation and reduction of backlogs. He affirmed that the adhesion of Brazil to the Madrid Protocol is very important for the enhancement of Brazils export activities.

Ms. Binying Wang, Deputy Director General of WIPO, Brands and Designs Sector, reinforced the benefits of joining the Madrid Protocol for foreign trade and the international protection of trademarks. She also mentioned that the Madrid Protocol currently has 101 members, including the European Union, USA, UK, China, and the Republic of Korea.

Ms. Binying Wang, Deputy Director General of WIPO, at the opening speech.(Photo: CNI)

International Cooperation: a Union

Mr. José Graça Aranha, regional Director of the WBO, shared the panel on international cooperation with intellectual property advisors from the United States Patent and Trademark Office, the UK Intellectual Property Office and the Japan External Trade Organization. One of the topics raised was the bilateral agreements signed between INPI and various countries on the Patent Prosecution Highway.

Madrid Protocol: An Opportunity

During the panel on the Madrid Protocol, Mr. Marcus Höpperger, Director of the Madrid Registry, stated that the Madrid Protocol currently has 101 members and 117 countries, which corresponds to 80% of global commerce. It is expected that the Protocol will soon have 123 members, comprising 139 countries. Last year, although the Brazilian IP office received over 136,000 national trademark deposits, the number of requests from Brazilian nationals filed abroad remained very low. The country that received the most applications from Brazilian nationals was the USA, with 600 applications submitted.

On this panel, the Director of Trademarks, Industrial Designs and Geographical Indications of INPI, Mr. André Luis Balloussier, spoke of the work underway at the national IP office to prepare for joining the Madrid Protocol. These include the reduction of the backlog for the examination of trademarks (and which will hopefully be reduced to 18 months by December 2018), the creation of a multi-class system and co-ownership, the modification of national procedures, and the training of trademark examiners.

Mr. Alfredo Rendón Algará, Deputy Director General of the Instituto Mexicano de la Propiedad Intelectual (IMPI), presented the experience of Mexico as a member of the Madrid Protocol since 2012. Among the results of Mexico’s joining the Protocol are the following:

Mexico has not experienced a relevant change in the volume of foreign filings;
There has not been a significant increase in the controversial causes related to trademarks;
Specialized national IP agencies have observed a constant increase in the volume of work;
The Madrid protocol has enabled the activity of Mexican lawyers abroad;
Although many fees have been paid directly to WIPO on account of the adhesion to the Madrid Protocol, this has not affected the income of IMPI;
Mexico noted an increase in international trademark filing activity;
The country has become more attractive for foreign investment;
IMPI has experienced an increase in foreign trademark applications;
The national position in foreign trade has been strengthened.

Ms. Kathryn Barrett Park, from General Electrics and the International Trade Association, presented the outcome of the adhesion of the United States to the Madrid Protocol. For the sake of reference, she mentioned that, with a budget of USD 5,000, you can either file national applications in five IP offices, or file the same trademark application in 23 countries through the Madrid Protocol.

Alonso Camargo Olivares, on behalf of INTA, stated that the Association strongly supports and encourages governments of WIPO member states to take all actions necessary to adhere to the Madrid Protocol.

International Negotiations: An Innovation

On this panel, Mr. Daniel Pinto, Counsellor of the Ministry of Foreign Trade (MRE) of Brazil, delivered a presentation on international relations of Brazil, with special emphasis on discussions towards the conclusion of an agreement between the countries of the Common Market of the South and the European Union and the potential changes this will entail to the protection of geographical indications at the national level. Ms. Natália Ruschel, from the Ministry of Industry, Services and Foreign Trade, spoke about the importance of the partnership between government and the private sector to guide the Ministry in the negotiation of multilateral agreements on trade with the European Union and other international organizations.

Professor Kelly Lissandra Bruch, technical consultant at the Brazilian Institute of Wines (IBRAVIN), and Gustavo Beduschi, from Viva Lácteos, delivered a presentation on the situation of geographical indications in the scope of the Mercosur-EU negotiations.

INPI’s efficiency: a need

On the panel on the recent development of INPI, Mr. Marcos Vinícius de Souza, the Secretary of Innovation and New Businesses from the Ministry of Industry, Services and Foreign Trade (MDIC), reaffirmed that the Ministry has been collaborating closely with INPI in order to improve its practices. Actions include an increase of 25% in the number of examiners, the restructuring of the Institute’s career plan, consulting services to improve the effectiveness of the Institute, investment of BRL 40 million in the field of information technology, a cooperation agreement on the examination of pharmaceutical patents, changes in procedures and patent prosecution highway agreements.

The Director of Patents, Software, Topography and Integrated Circuits at INPI, Mr. Julio Cesar Moreira, promoted INPI’s services for companies and inventors that may speed up the patent examination processes.