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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

FDA innovates with new guide for drug approval in the United States

The American agency Food and Drug Administration (FDA) innovated once again by creating a new guide on real-world evidence (RWE) and real-world data (RWD) to support drug approval.

FDA innovates with new guide for drug approval in the United StatesRead Full Article

Artificial intelligence and its regulation in Brazil

On March 29, 2023, “The New York Times” published an article regarding an open letter signed by more than a thousand leaders in the technology sector, including Elon Musk, president of Tesla, Space X, and X (formerly Twitter). The letter requested a stop in the development of artificial intelligence above GPT-4, developed by OpenAI, considering the potential risk of threatening the very existence of society as we know it and even humanity.

Artificial intelligence and its regulation in BrazilRead Full Article

The Fight Against Fake News Around the World

The advancement of technology is overwhelming and inevitable. However, while it revolutionizes communication on a global scale, enabling easy access to information and taking progress to previously inaccessible places, it can have the opposite effect, with a hidden purpose perpetrated by those who maliciously convert a lie into a truth. In fact, as Joseph Goebbels, minister of Nazi propaganda, said, “a lie told a thousand times becomes the truth”.

The Fight Against Fake News Around the WorldRead Full Article

Everything you need to know about ISO

Although the headquarters of the International Organization for Standardization (ISO) is located in Geneva, Switzerland, few people are aware that the organization was founded after a meeting that took place in London, England, in 1946, shortly after the end of the Second World War. At said meeting, 65 representatives from 25 countries sought to discuss the future of international standardization in several areas.

Everything you need to know about ISORead Full Article

How to Implement ERM

ERM, short for enterprise risk management, plays a fundamental role in identifying, preventing, and managing potential risks that may impact business and influence a company's results, ensuring its long-term viability.

How to Implement ERMRead Full Article

More Sanctions Applied By The Brazilian Data Protection Authority signal that Violations of the LGPD Will Not Be Tolerated

The Brazilian Data Protection Authority (ANPD) published on October 18, 2023 their third sanction for violation of the General Data Protection Act (LGPD). Similarly to the second penalty, the infraction occurred in the public sector, not involving a private company.

More Sanctions Applied By The Brazilian Data Protection Authority signal that Violations of the LGPD Will Not Be ToleratedRead Full Article

Brazilian Data Protection Authority Applies Second Penalty for Violation of the Data Protection Act

After a phase where the Brazilian Data Protection Authority (ANPD) focused on regulating important provisions outlined in the General Data Protection Act (LGPD), in addition to editing several manuals and guidelines to assist the public in complying with the law, the ANPD has imposed its first penalty on July 6, 2023, targeting the company Telekall Infoservice.

Brazilian Data Protection Authority Applies Second Penalty for Violation of the Data Protection ActRead Full Article

Antitrust and anti-corruption authorities are already monitoring the 2026 World Cup

Considering the financial scandals fueled by acts of corruption involving the most recent World Cup, which led to the arrest of leaders from several countries, North American antitrust and anti-corruption authorities turned their attention to the 2026 World Cup, which will take place in three countries: United States, Canada, and Mexico. Among the arrests made, one that stood out was that of José Maria Marín, former president of the Brazilian Football Confederation (CBF) between 2012 and 2015 who was also governor of the State of São Paulo between 1982 and 1983, after the death of governor Franco Montoro.

Antitrust and anti-corruption authorities are already monitoring the 2026 World CupRead Full Article

Retaliation against non-disclosure agreements in the USA

Non-disclosure agreements are used by many companies with the purpose of guaranteeing or, at least, trying to hinder the disclosure of their confidential information by employees or former employees. Some companies require the signing of NDAs alongside the employment contract, while others require the signing of these documents upon termination of the employment contract, occasionally offering a bonus and demanding silence in exchange. If the employee violates the agreement, he or she may be forced to return the amount paid, often with interest and/or fines added.

Retaliation against non-disclosure agreements in the USARead Full Article

SASE and what it can do for information security!

To talk about information security or cybersecurity is definitely not the easiest of tasks, as developments in this area seem to be happening at a speed that is difficult to keep up with. The cat-and-mouse race between hackers and information security experts is incessant and at a breathtaking pace. Something that appears to be novel today may already be outdated, because in another corner of the world a more efficient solution may have already been discovered or a flaw in the current solution may have been identified that makes it vulnerable.

SASE and what it can do for information security!Read Full Article

All there is to know about the Brazilian Freedom of Information ACT

To ensure greater transparency on public accounts and public services in general, especially after initiatives such as the Transparency Portal, Law 12,527 of November 18, 2011, the Brazilian Freedom of Information Act, was sanctioned. This Act aims to provide access to even the greater public to information regarding Public Administration, regulating Article 5, Item XXXIII, Article 37, Paragraph  3, II and Article 216, Paragraph 2, from Brazilian Constitution of 1988.

All there is to know about the Brazilian Freedom of Information ACTRead Full Article

Registration on the tranparency portal in Brazil

The Transparency Portal, at federal level, was developed by the Ministry of Transparency and the Brazilian Office of the Comptroller General during the first term of President Luiz Inácio Lula da Silva, in November 2004, with the initial purpose of giving visibility to financial aspects related to all federal government programs and actions.

Registration on the tranparency portal in BrazilRead Full Article

Technology as an ally to transparency and fighting corruption

In the field of fighting corruption, specialists are unanimous in recognizing the value of information and communication technologies (ICTs) as a powerful tool to promote transparency and eradicate corruption globally.

Technology as an ally to transparency and fighting corruptionRead Full Article

Understanding why VPNs may be replaced by ZTNA

Amid hackers, crackers and several other cyber threats such as viruses, malware, ransomware, phishing, and the like, VPNs (Virtual Private Networks) have been the sweethearts of the information technology departments for large, medium and small companies. They enable secure remote access for users, protecting their browsing data, especially from identification of their IP address (identification number of a device connected to the Internet), through encryption.

Understanding why VPNs may be replaced by ZTNARead Full Article

Improvements in compliance programs according to the OECD

Founded in 1961 and headquartered in Paris, the Organisation for Economic Co-operation and Development (OECD) economic organization composed of 38 member countries. Its goal is to stimulate global economic progress and facilitate world trade.

Improvements in compliance programs according to the OECDRead Full Article