The Committee on Industry, Commerce and Services of the Chamber of Deputies approved a bill with rules for the operation of the National Institute of Industrial Property (INPI) in cases where the agency is not the author of lawsuits for the annulment of patents and trademarks.
At the recommendation of rapporteur, Deputy Marcelo Queiroz (PSDB-RJ), theversion of the Committee on Economic Development was approved.For Bill 3553/21, authored by former Congressman Carlos Bezerra (MT), the rapporteur stated in his report: "The changes are appropriate and significantly improve the original proposal."
Key points
TheThe bill proposes to amend the existing law, specifically addressing the issue of…modifiesLaw of Industrial PropertyThis standard also deals with the responsibilities of the INPI, the federal agency responsible for registering and guaranteeing intellectual property rights, such as trademarks, patents, and industrial designs.
Currently, individuals or companies can file a nullity action for a patent or trademark against the owner.
In these situations, in addition to other measures already provided for in the legislation, the approved proposal establishes that:
- The INPI will be notified to respond after the end of the patent or trademark holder's contest period;
- The institute may choose not to file an objection or to change its position in the proceedings, provided there is a public interest; and
- The INPI may continue the process even if the plaintiff withdraws, relinquishes their rights, or reaches an agreement with the defendant.
Next steps
The proposal will still be reviewed indefinitive character, by the Committee on Constitution and Justice and Citizenship.
To become law, it must be approved by the Chamber and the Senate.