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Extension of the Brazilian PTO Project to Eliminate its Patent Backlog
Veirano Advogados, April 2021

The INPI (Brazilian PTO) published Ordinance/INPI/PR No. 21, of March 26, 2021, which extends the Backlog Combat Project aiming at reducing the number of invention patent applications pending decision. The ordinance came into force on April 1st, 2021, and targets patent applications filed between Jan. 1st, 2017 and Dec. 31st, 2017...

Law No. 14,132/2021 Typifies New Crime of Obsessive Persecution (“Stalking”)
Veirano Advogados, April 2021

On March 31, 2021 Law no. 14,132/2021 was passed to include the crime of obsessive persecution ("stalking") in the Brazilian Penal Code, in the chapter of Crimes Against Personal Freedom, article 147-A. The new law abrogates the misdemeanor of harassment or disturbance of tranquility, until now invoked to punish stalking behavior...

Life Sciences & Healthcare January/2021
Veirano Advogados, March 2021

CRIMINAL Counterfeit VaccinesBy Andre Augusto Mendes Machado and Mariana Murad Leiva Counterfeiting vaccines may lead to criminal liability, usually for the crime foreseen in article 273 of the Brazilian Penal Code, that punishes with imprisonment from 10 to 15 years in addition to the payment of a fine the acts of "falsifying, corrupting, adulterating or modifying products intended for therapeutic or medicinal purposes"...

SENACON Enacts New Ordinance on Terms for the Adjustment of Conduct (Ordinance n° 34/2021)
Veirano Advogados, February 2021

A new ordinance enacted by SENACON became effective on February 5 bringing changes to the execution of Terms for the Adjustment of Conduct (“TAC”) in administrative proceedings before SENACON, revoking the previous ordinance. The ordinance provides for several phases in the process of execution of a TAC, which will begin with a request, analysis of the feasibility of the negotiation, the negotiation itself, followed by authorization and subsequent decision...

INPI Rules Defined for the Protection of Inventions Implemented by Computer Programs
Veirano Advogados, February 2021

In December 2020, the National Institute of Industrial Property (INPI) published on its portal the Examination Guidelines for Inventions Implemented by Computer Program...

COVID-19: ANM Extends validity of Mineral titles and Suspension of Procedural and Material Deadlines until June 30, 2021
Veirano Advogados, January 2021

On January 22, 2021, the Federal Official Gazette published Resolution No. 55, by means of which the National Mining Agency (“ANM”) amends Resolutions No. 28/2020 and 46/2020, which deal with the suspension of deadlines of certain procedural and material acts under its competence, and the extension of the terms of mineral titles, due to the current COVID-19 pandemic...

Environmental, Bioeconomy: Payment for Environmental Services
Veirano Advogados, January 2021

Following the bioeconomy trend, the National Policy of Payment for Environmental Services was published, establishing the payment for services that benefit the maintenance, recovery and improvement of ecosystemic services, such as provision services (e.g. water supply), and regulation services (e.g. climatic change programs). On January 14, 2021, the Federal Law No. 14,119 ("Law") establishing the National Policy of Payment for Environmental Services ("PNPSA") was published...

Life Sciences & Healthcare - January 2021
Veirano Advogados, January 2021

Welcome to the Life Sciences & Healthcare Newsletter, a publication prepared by our multidisciplinary team dedicated to the Healthcare industry, under the coordination of partners Lior Pinsky and Renata Fialho de Oliveira. INSURANCE ANS establishes operating rules for electronic administrative proceedings, effective as of end of March 2021 Andrea Piccolo Brandão  In accordance with Decree No. 8,539, of Oct. 08, 2015 ("Dec...

Environment and Agribusiness: Ministry of Agriculture, Cattle Raising and Supply’s Strategic Agenda for Sustainable Agriculture
Veirano Advogados, January 2021

Ministry of Agriculture, Cattle Raising and Supply publishes Ordinance establishing working group for the development of the strategic agenda for sustainable agriculture. On February 1, 2021, the Ministry of Agriculture, Cattle Raising and Supply ("MAPA") published  Ordinance No. 26 ("Ordinance"), establishing the working group for the development of the strategic agenda for sustainable agriculture...

Bird’s-Eye View on the Amendments to the Brazilian Insolvency Law
Veirano Advogados, December 2020

On December 24, 2020, the Brazilian President sanctioned, with some vetoes, an amendment to Law 11,101/2005, which governs judicial reorganizations, pre-packaged reorganizations and bankruptcy liquidations of businessmen and companies. The vetoes can still be overthrown by the Brazilian Congress...

COVID-19: ANM Clarifies Suspension of Material and Procedural Terms, Including the Validity of Mining Titles - Resolution ANM No. 50
Veirano Advogados, November 2020

On November 27, 2020, the Federal Official Gazette published Resolution No. 50, by means of which the National Mining Agency (“ANM”) amends Resolution No. 46/2020, which suspended the deadlines of certain procedural and material acts and the extension of mining titles. According to the new wording, the period of certain procedural and material acts as well as the tacit approval by the Agency is suspended from March 20, 2020 to December 31, 2020...

Brazilian Senate Approves Amendment to Insolvency Law
Veirano Advogados, November 2020

On November 25, 2020, the Brazilian Senate approved Bill of Law No 4,458/2020 ("BL 4458"), which amends Law No 11,101/2005 ("BBL"), to update the legislation regarding the judicial reorganization, pre-packaged reorganization and bankruptcy liquidation of businessmen and companies. BL 4458, which provisions have already been approved by the House of Representatives, will now be sanctioned by the President...

Environment, Trade: British Government Aims to Forbid Imports of Commodities from Deforested Areas
Veirano Advogados, November 2020

British Government aims to forbid import of commodities from deforested areas as a consequence of international discussions focused on ESG. In 2019, the British Government hired the independent consultancy 'Global Resource Initiative' ("GRI") to evaluate actions to ensure a more sustainable economy for the United Kingdom...

Environment, São Paulo - New Municipal Waste Take Back Rule
Veirano Advogados, October 2020

On October 01, 2020, Law No. 17...

Real Estate Privatization - Regulations by The Secretariat for the Coordination and Governance of the Federal Government's Assets
Veirano Advogados, September 2020

  In order to follow its task of reducing bureaucratization of the sale process of federal real estate properties, the Secretariat for the Coordination and Governance of the Federal Government’s Assets (SCGPU) edited three ordinances intended to regulate instruments brought by Law no. 14...

Service Tax (ISS) on Activities of Health Plan, Fund Management and Leasing will be Shared Between the Municipalities of the Service Provider and the Client
Veirano Advogados, September 2020

Complementary Law No. 175/2020, enacted in September 23, 2020, determined that the Service Tax (ISS) must be shared between the municipalities where the service providers and the clients are located. Complementary Law No. 175/2020, enacted in September 23, 2020, determined that the Service Tax (ISS) must be shared between the municipalities where the service providers and the clients are located...

Current Coronavirus Travel Restrictions in Brazil
Veirano Advogados, June 2020

Since March 2020, travel restrictions apply to foreign nationals entering Brazil. At present, Ordinance No. 255, valid until 21 June 2020, provides for several exceptions in addition to that for born and naturalised Brazilians...

National Mining Agency Changes Rules Regarding Suspension of Procedural and Material Deadlines
Veirano Advogados, June 2020

On June 2, 2020, Resolution No. 36 was published in the Official Gazette, by means of which the National Mining Agency ("ANM") has changed Resolution No. 28/2020, which suspended the deadlines of certain procedural and material acts under its competence, due to the current COVID-19 pandemic...

How to Close an M&A in Pandemic
Veirano Advogados, May 2020

The pandemic and government health protection measures have created a series of challenges and smart government responses to try to deal with the imposed social distance...

COVID-19: Data Protection
Veirano Advogados, March 2020

Data protection and privacy laws are relevant to current responses aimed at preventing the spread of the coronavirus. An important response to limit the spread of the infection is the practice of identifying and monitoring anyone who may have been in contact with an infected person...

COVID-19 Client Alert
Veirano Advogados, March 2020

The new virus COVID-19, also known as coronavirus, is spreading exponentially all over the world, also in Brazil. The outbreak is affecting the way in which our clients and their clients conduct their businesses, and the behavior of each and every one of us drastically. The virus is not only tragic for those, whose health is being affected, but also for large parts of the economy, such as the tourism industry, airlines and general retail (other than nutrition-related)...

Agribusiness & Intellectual Property Client Alert
Veirano Advogados, October 2019

Agribusiness: STJ Recognizes the Co-Existence of Intellectual Property Rights from the IP and Plant Varieties Acts over Transgenic Soybeans On October 9, 2019, the Superior Court of Justice (“STJ”) unanimously denied Special Appeal No. 1.610.728/RS, establishing an understanding that entitles holders of GMO patents over soybeans to charge royalties for the use of their seed by farmers outside the scope of the Plant Varieties Act...

New Pharmacist's Guidelines for Advertisement in Brazil
Veirano Advogados, January 2019

The Federal Council of Pharmacy published Resolution No. 658/2018 to regulate publicity, advertisement and announcement of activities related to the pharmaceutical profession. Such include any disclosure arising or promoted by pharmacists, regardless of the means of communication...

Dispute Between Two Popular Ride-Sharing Companies in Brazil Reinforces That Comparative Advertising is Not Illegal
Veirano Advogados, January 2019

The dispute between ride sharing companies Uber and 99 is increasingly fierce. Now the main stage is Rio de Janeiro. In May 2018, Uber filed a lawsuit against 99 in the city, claiming misleading advertising. Less than two months ago, 99 began an aggressive discount campaign in the city to promote the 99Pop service in Rio, competing directly with Uber...

Changes to Rules on Occupational Safety and Health in Mining Activities
Veirano Advogados, January 2019

On December 19th, 2018, the Ministry of Labor published Ordinance No. 1,085/2018, for the purpose of amending Regulation No. 22 ("NR-22"), which regulates aspects related to the mining sector occupational safety and health. The reformed NR-22 therefore brings changes to the sections regarding the Disposal of Tailings, Wastes and Products and the Emergency Response Plan, within the framework of the National Policy on Dams Safety ("PNSB")...

 

 

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