Public Consultation for the National Intellectual Property Strategy

Gabriela de Ávila Machado
Lawyer at Marcos Martins Advogados

On August 10, the Ministry of Economy published the opening of the public consultation for the formulation of the National Intellectual Property Strategy (ENPI).

As a result of the work coordinated by the Interministerial Group on Intellectual Property (GIPI), the ENPI seeks to make the national intellectual property system more effective. According to the Ministry of Economy

“ENPI’s central objective is to achieve an effective and balanced National Intellectual Property System (SNPI), which is widely used and encourages creativity, investment in innovation and access to knowledge, with a view to increasing competitiveness and the economic and socio-cultural development of Brazil.”

GIPI also had the participation of 8 Ministries, the Civil House, the Brazilian Agency for Industrial Development (ABDI), ANVISA, CADE, EMBRAPA, INPI and SEBRAE, with specialized consultancy hired through a partnership with the World Intellectual Property Organization (WIPO).

World Intellectual Property Organization (WIPO) in Geneva. In a statement, the Ministry of Agriculture, Livestock and Supply also pointed out:

“Protection of cultivars, geographical indications, patents, trademarks, among others, are examples of intellectual property assets related to the agricultural sector, so it is important that all those involved in the sector come forward so that the final text of the national strategy proposal meets expectations.”

The document is extensive, but complete and easy to understand, and contains the following guidelines:

a. Use of Intellectual Property as a way of adding value to products and services and as an incentive for all types of innovation, creation and knowledge;

b. Strategic use of Intellectual Property in public policies aimed at encouraging competitiveness, economic growth and social development;

c. Synergy with other cross-cutting policies;

d. Simplification and promotion of agility in processes related to Intellectual Property;

e. Balance between Intellectual Property, free competition and social interest;

f. Ensuring legal certainty, transparency and predictability in Intellectual Property;

g. Articulation and integration of initiatives in the different spheres of the federation and development agencies;

h. Respect for international intellectual property commitments; and

i. Continuous search for pragmatic solutions by the public administration in line with a strategic vision of the future.

Contributions, perceptions and suggestions from the public should be sent in by August 30 by filling in the electronic forms accessible on the Ministry of Economy’s website, for evaluation and preparation of the final version of the ENPI.

Questions? Talk to our lawyers and get advice.

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