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Infração de Patente: limites da licitude de atos preparatórios de terceiros e as exceções bolar e do uso experimental

December 18, 2025

À medida que o prazo de proteção patentária se aproxima do fim, surge uma zona de tensão jurídica e econômica: de um lado, o titular ainda detém o direito de impedir o uso não autorizado; de outro, agentes de mercado começam atos preparatórios para a livre exploração da tecnologia após o término da vigência da exclusividade.

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How UK extraterritorial decisions are undermining Brazilian judicial sovereignty and violating TRIPS

November 3, 2025

The extraterritorial reach of British courts in patent litigation breaches Brazilian sovereignty and the independence of patents as envisaged by the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). Anti-suit injunctions (ASIs) and interim licences reaching patents granted under Brazilian law, valid only within national borders, violate comity and exceed the limits of sovereignty.

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From appeal to re-examination: impacts of new Brazilian patent rules

October 7, 2025

On March 8 2024, the Brazilian Patent and Trademark Office (BRPTO) published Ordinance No. 10/2024, which outlines the guidelines for processing appeals and other procedures. One key change in the appeal process is that if the Board of Appeals determines that the first instance failed to conduct a complete or thorough technical analysis, the case must be remanded to the first instance for further examination – referred to herein as re-examination.

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China's innovation in Brazil: strong patent protection and enforcement

September 12, 2025

As China deepens its global innovation footprint, Brazil has emerged as one of the most strategic destinations for its enterprises. Combining economic scale, political alignment, and a maturing intellectual property (IP) system, the country offers a unique environment for Chinese companies to expand and protect their technologies.

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A bright future for Brazil

August 28, 2025

Brazil, currently ranked as the world’s 10th largest economy with an estimated nominal GDP of US$2.2 trillion in 2024, represents approximately 2% of global GDP.

Beyond these figures, Brazil stands out as one of the world’s most attractive and dynamic markets across several key economic sectors, making it an increasingly vital jurisdiction for IP protection.

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Standards, inovação e concorrência

August 15, 2025

Standards (padrões) tecnológicos como 5G e Wi-Fi são pilares da economia digital — ao promoverem a cooperação entre agentes desenvolvedores de tecnologia, contribuem para o avanço tecnológico e democratização do acesso à tecnologia.

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'Quebra de patentes' de origem norte-americana como meio de retaliação comercial

August 18, 2025

Muito se tem debatido sobre a possibilidade de o governo brasileiro impor sanções na área da propriedade intelectual (PI) como forma de retaliação às medidas unilaterais de caráter tarifário aplicadas ao Brasil pela administração Trump.

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Brazil's Best Counsel 2025

July 16, 2025

The Life Sciences sector is a dynamic and ever-evolving field, continuously shaped by advancements in technology and shifts in regulatory frameworks. In 2024, several pivotal events have set the stage for significant developments, influencing public policies and driving innovation. These milestones will undoubtedly impact the future direction of the Life Sciences landscape, heralding exciting prospects for the sector.

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Why Brazil stands out as a key jurisdiction for SEP enforcement in 2025

February 20, 2025

Brazil has emerged as a significant player in global IP disputes in 2025, particularly in matters involving SEPs. The country is often chosen by rights holders when it comes to protection and enforcement due to its robust legal framework.

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Trends and Developments - Life Sciences & Pharma IP Litigation 2025

January 28, 2025

The 1ª Specialized Panel of the Federal Court of Appeals for the Second Circuit (TRF-2) in Brazil issued a relevant precedent regarding the interpretation of Article 32 of the Brazilian Patent Statute (BPS – Law # 9.279/96), especially for the life sciences and pharmaceutical research and development industries. For the first time in an invalidity lawsuit, the court confirmed the legality of making restrictive amendments to a patent application claim chart, whether voluntarily or in response to a BPTO (Brazilian Patent and Trademark Office) order, even after a request for examination has been submitted to the BPTO – provided these amendments are included in the patent application as filed. The court has also confirmed that BPTO Ordinance # 93/2003, which regulates this matter, is legal and does not violate any prior legal precedent (namely, Case # 0513584-06.2003.4.02.5101). This precedent is still subject to appeals to the superior courts, but it is relevant, since generic industry often mentions the judgment of Case # 0513584-06.2003.4.02.5101 to argue against the possibility of restrictive amendments after the request for examination. This decision provides greater legal certainty, aligns with what the BPTO has already established on the matter, confirms the provisions of the TRIPS Agreement, and sets the standard for how such cases will be analysed going forward.

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ABOUT US

Licks Attorneys Compliance’s Blog provides regular and insightful updates about Ethic and Compliance. The posts are authored by Alexandre Dalmasso, our partner. Licks Attorneys is a top tier Brazilian law firm, specialized in Intellectual Property and recognized for its success handling large and strategic projects in the country.

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Licks Attorneys' COMPLIANCE Blog

The "Emprega + Mulheres" Program and the Impact on Employment Relationships

It is well-known that certain market sectors impose additional barriers when hiring women. This is often due to concerns that, during pregnancy, employees may need to take time off for childbirth, utilizing maternity leave. Complications during pregnancy can also arise, potentially weakening the workforce and prompting companies to hire temporary workers to cover the absence.

The "Emprega + Mulheres" Program and the Impact on Employment RelationshipsRead Full Article

The “Língua de Gato” case: trademark or synonym for product?

In recent weeks, the news about the loss of exclusivity of the “Língua de Gato” trademark has caused a great deal of buzz and raised many questions among chocolate lovers. After all, did Kopenhagen lose its rights to the “Língua de Gato” trademark?

The “Língua de Gato” case: trademark or synonym for product?Read Full Article

Deadlines and Deliveries — Logistical Challenges in Pharmaceutical Industry Contracts

In the pharmaceutical industry, strict compliance with delivery deadlines is essential. In commercial contracts between pharmaceutical companies and their suppliers, clarity and precision in stipulating delivery deadlines, as well as defining the consequences for non-compliance with these deadlines, are crucial to avoid disputes and ensure continuous supply to the market. Delays in the delivery of essential inputs can cause serious impacts, such as interruptions in medicaments production, compromises of research projects and even risks to public health. In this context, logistics plays a critical role that is amplified by the need for transportation and storage products under specific temperature and humidity conditions, in addition to complying with the regulatory standards of each country. The contracts signed between the parties must reflect this importance, establishing clauses that address the specific challenges of this area.

Deadlines and Deliveries — Logistical Challenges in Pharmaceutical Industry ContractsRead Full Article

Updated Mapping of Personal Data Protection Around the World

There is a growing global concern regarding the protection of personal data for individuals, given the rapid technological advances that geographically universalize information and could have considerable impacts on citizens' lives. Brazil, following the global trend, enacted its General Data Protection Act (LGPD) in August 2018, which came into force in September 2020, except for its penalties, which only came into force in August 2021.

Updated Mapping of Personal Data Protection Around the WorldRead Full Article

“Big Mac” vs. “Supermac's” and the Risk of Abandonment for Trademark Registration Owners

In a case involving the dispute between the trademarks “Big Mac” and “Supermac's” in the European Union, the Irish company Supermac's (Holdings) Ltd. applied in 2017 for the abandonment of registration #626381,  for the trademark “Big Mac”, owned by McDonald's International Property Co. Ltd, on the grounds of non-use.

“Big Mac” vs. “Supermac's” and the Risk of Abandonment for Trademark Registration OwnersRead Full Article

The Activities and Duties of the Data Protection Officer (DPO) are Finally Regulated

The National Data Protection Authority (ANPD) published Resolution CD/ANPD #18/2024, dated July 16, 2024, which sought to fill an important gap in detailing the activities of the Data Protection Officer and the responsibilities of data processing agents that support their activities.

The Activities and Duties of the Data Protection Officer (DPO) are Finally RegulatedRead Full Article

Legal Business in Brazil

The legal business is a kind of legal act that arises from the manifestation of a person's will, aiming to produce effects in the legal sphere of another. Therefore, a legal relationship arises between the parties, respecting the requirements established by law for its validity and effectiveness factors that will impact its production of effects.

Legal Business in BrazilRead Full Article

New Regulatory Framework for Clinical Research in Brazil

Law #14.874 was enacted on May 28, 2024, providing guidelines for research involving human subjects and establishing the National System of Ethics in research involving human subjects. This statutory framework is of utmost importance as it defines the rights of volunteers and outlines the responsibilities for researchers and sponsors of clinical research.

New Regulatory Framework for Clinical Research in BrazilRead Full Article

ANVISA Approves the Regulation of Biosimilars

The Brazilian FDA, ANVISA, approved Rule RDC #875 of May 28, 2024, which provided, in an ancillary manner, for the registration of biosimilars through the comparability development route, aiming to guarantee the quality, safety, and efficacy of these products.

ANVISA Approves the Regulation of BiosimilarsRead Full Article

European Council Approves Legislation on Artificial Intelligence

In contrast to Mercosur, which struggles to evolve from an economic bloc to a political and monetary union due to challenges in socio-political integration caused by alternating conservative and progressive governments, the European Union continues to demonstrate efficiency in integrating its member countries. Despite the United Kingdom's departure, the EU remains committed to regulating fundamental issues related to the incorporation of new technologies, which will significantly impact personal, educational, and professional relationships. We are specifically discussing Artificial Intelligence (AI).

European Council Approves Legislation on Artificial IntelligenceRead Full Article

ANPD Approves Regulation on Security Incident Reporting

The Brazilian Data Protection Authority (ANPD), a public entity created by the General Data Protection Act (LGPD), responsible for regulating, supervising, guiding, educating, and acting on security incidents involving personal data, as well as for cooperating with other similar international entities, published CD/ANPD’s Rule #15, dated April 24, 2024, in the Federal Register on April 26, 2024. Taking advantage of the last public consultation on the topic, the Rule approved the Regulation on Security Incident Reporting.

ANPD Approves Regulation on Security Incident ReportingRead Full Article

India’s Anti-Corruption Act

While Brazil adopted its Anti-Corruption Act aimed at companies only on August 1, 2013, with Law #12,846, India adopted an Anti-Corruption Act known as “The Prevention of Corruption Act” on September 9, 1988, which typifies and penalizes bribery offenses involving both individuals (natural persons) and companies (legal entities). Now, let’s delve into the main points of this act below.

India’s Anti-Corruption ActRead Full Article

The Balancing Test in Personal Data Protection

There are numerous situations in a business that result in a company having to deal with personal data, and obtaining the data subject's consent is not always possible or even viable. Bearing this in mind the legislator made 9 other legal bases available in the Brazilian General Data Protection Act (LGPD) so that companies, controllers or operators of such personal data can use them to classify the processing of the respective data.

The Balancing Test in Personal Data ProtectionRead Full Article

The Importance and Use of the Limitation of Liability Clause

Initially, it is important to highlight that a company's ability to carry out an economic operation is intrinsically linked to the analysis of several stages, with risk assessment being one of its crucial factors. After the decision to proceed with the operation, a new phase emerges: the negotiation of contractual terms. It is clear that consideration of costs, including possible compensation, is a key element in decision-making in order to avoid compromising the operations.

The Importance and Use of the Limitation of Liability ClauseRead Full Article

The Legitimate Interest in the Processing of Personal Data

Since the creation of the Brazilian General Data Protection Act (LGPD) on August 14, 2018, the comparison with the European GDPR was inevitable, after all, the Brazilian LGPD was greatly influenced by the similar law published just over two years earlier in Europe. While the LGPD had ten legal bases to support the processing of personal data, the GDPR had only six legal bases.

The Legitimate Interest in the Processing of Personal DataRead Full Article