Brazilian Legislation regarding Compliance with Access to Genetic Heritage
The Brazilian Patent and Trademark Office (BRPTO) has identified that some patent applications were filed with a "Positive Declaration of Access to Genetic Heritage" but did not provide the required additional information regarding the registration number or authorization date for accessing genetic heritage at the time the patent was granted and the patent certificate issued.
According to the Brazilian law which regulates access to genetic heritage (Article 47 of Law No. 13.123/2015), the granting of Intellectual Property rights for products or materials obtained through access to genetic heritage or associated traditional knowledge is conditioned upon proper registration or authorization.
Therefore, the BRPTO has announced in the Official Bulletin No.2799, dated August 27th, 2024, that it will contact patent holders (via the registered email address in the application) to request the necessary information to regularize such situations. The holder must provide the registration number and date of authorization for access to genetic heritage and submit it through the BRPTO Electronic Petition System.
If the original information provided is incorrect and the patent does not require access to genetic heritage, the holder must provide a Negative Declaration of Access to Genetic Heritage.
A 60-day period will be provided to file the required information. Failure to respond may result in a Nullity Action for the patent, as stipulated in Article 56 of the IP Law.
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