Intellectual Property and Digital Law Bulletin | Trends for 2018

23 . January . 2018 |

Brazilian medicine tracking system starts its first stage in the first trimester
The program “National Control of Medicines”, idealized by ANVISA with a group of six pharmaceutical companies, will track down medicines since the production until the sale to the final consumer, in order to impede the circulation in Brazil of counterfeit products or products of questionable quality. The first stage of the program will start in this year’s first trimester.

INPI Backlog reduction
As an attempt to reduce INPI’s backlog, 2 measures might be taken in 2018: (i) the creation by the INPI of a simplified procedure to grant patents within 90 days, if certain requirements are met and (ii) the possible approval of a (Bill n. 3,406/15), which limits the term of trademark and patent applications to 180 days.

Bills aiming to restrict telemarketing
There are 2 bills currently being discussed at the Brazilian Congress, that aim to restrict telemarketing services: (i) Bill n. 8,185/17 intends to create a National Registration for Blocking the Receiving of Telemarketing Calls and also to restrict the marketing of registrations alongside personal consumer data; and (ii) Bill n. 8,230/17 aims to amend the General Law of Telecommunications and the Brazilian Consumer Code on regard of telemarketing calls, as well as intends to guarantee the right of opting not to receive this kind of calls.

Copyright Law amendment might be the subject of a public hearing
Even with a turbulent political scenario and in an election year, the Copyright Law may still be amended in 2018. There is a possibility of a public hearing for the discussion of the co-ownership of a work, when created in compliance with a functional duty, or under a labor or services agreement.

Approval of Data Protection Law
The Bill aimed to create a Data Protection Law currently discussed in the Brazilian Congress is expected to be approved by the end of 2018. The Bill is considered a regulatory framework in the sector, which today is vaguely regulated by the Brazilian Civil Rights Framework for the Internet, the Consumer Protection Code and other general legislation, may bring important changes on protection and treatment of personal data, especially regarding consent from the owner of the personal data.

IoT Regulation
Anatel shall issue the IoT (Internet of Things) regulation as of the second semester of 2018. Among the regulated aspects, the nature of the services (telecommunications or value-added services), forms of certification and data privacy and information security rules shall be included.


ABDI – Brazilian Industrial Development Agency
Anatel – Brazilian Telecommunications Agency
ANVISA – Brazilian Health Surveillance Agency
INPI – Brazilian Patent and Trademark Office

For further information, contact:

Luiza Sato

Alexandre Miura

Isabella Peppes Brandalize


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