The Impact Lawyers Magazine had the pleasure to conduct an email interview with Ricardo Boclin, Technical and Legal Director at Clarke Modet Brazil. 

Ricardo Boclin is a renowned expert in Intellectual Property, with over 25 years of experience. He recently joined ClarkeModet Brazil as its Technical and Legal Services Director and he currently leads a team of over 30 professionals that includes IP attorneys and specialized technical consultants. Prior to ClarkeModet he was partner with Ouro Preto Advogados, Kasznar Leonardos and Momsen Leonardos. He has also been part of the Product Development and Sales team in companies such as Coca-Cola Brazil, Krones, and Petersen Matex.

No, the Brazilian Industrial Property Law was issued in 1996 and slightly amended in 2001. No further amendments to the law have been carried out. However, resolutions and examination guidelines have been issued by the Brazilian Patent and Trademark Office (BRPTO) quite often. Two of the most important and recently issued resolutions are those related to the project to reduce 80% of the backlog of pending patent applications within a period of two years, ending, most likely, in the second half of 2021. It is also important to mention that Brazil has adhered to the Madrid Protocol related to the International protection of trademarks in October 2019. 

Yes, it is indeed important are of law in Brazil. I believe that litigation opportunities will increase in Brazil in the near future draw on at least three reasons:

1) The Brazilian economy was growing before the COVID19 outbreak and will resume its growth once the pandemic is over. Thereby, more and more companies will intend to file patent, trademark and industrial design applications in Brazil;

2) Prosecuting patent applications in Brazil will become more attractive to patent holders once the backlog of patent applications is over;

3)  the number of trademark registrations will increase in Brazil due to the recent adhesion of Brazil to the Madrid Protocol for the international protection of trademarks. 

Intellectual Property is also in the focus of the Brazilian Government. The Ministry of Economy is currently carrying out public consultations in order to hear all suggestions and requests from the Brazilian stakeholders involved in the Intellectual Property area either in the public or private sector, aiming to create an adequate legal framework and environment to protect IP rights. 

Brazil is the biggest market and the most industrialized economy in Latin America. The Brazilian government has been creating several policies and rules designed to foster innovation. The current legal framework in Brazil establishes the tools to boost collaboration among industries and universities and to fund research & development initiatives. 

Foreign companies investing in Brazil are usually concerned about intellectual property rights either to enforce IP rights or to avoid the risk of infringing IP rights owned by third parties. It is of paramount importance to use the services of lawyers specialized in Intellectual Property in order to have a clear-cut scenario of the potential risks and design the appropriate prosecution/litigation strategy.

ClarkeModet has a multidisciplinary team offering to foreign and domestic clients highly qualified, responsive and client-oriented services in all intellectual property matters. Especially regarding patents, the seasoned technical team has a comprehensive background embracing a vast range of technologies. Accordingly, ClarkeModet has the appropriate knowledge and tools to provide strategic IP services to any client. 

ClarkeModet Brazil is one of the ten companies owned by ClarkeModet, the largest group specializing in Intellectual Property in Spanish- and Portuguese-speaking countries. Since 1965, the company has been operating in Brazil through its offices in Rio de Janeiro, São Paulo, and the Technology Park of São José dos Campos. It has a multidisciplinary team of more than 100 professionals specializing in Intellectual Property management for national and international clients based on its expert local knowledge and the vast international network of ClarkeModet, a group that has over 140 years of history and 22 offices in ten countries in Latin American and Europe.