On April 23, 2019, the Legislative power passed the fourth revision of the Chinese Trademark Law. It will be implemented on November 1, 2019.

The amendments show the importance of the use. It tackles the prohibition of abuse of rights, the bad faith registration and the malicious litigation. The new Trademark Law also raises the limit of legal compensation and introduces the category willful infringement compensation.

Please be informed that BRPTO's database will be out between June 5 and 10, 2019 in order to improve IT infrastructure. Therefore, the deadlines which expire within this period will be automatically postponed for the first business day after such period, i.e., June 11, 2019.

In view of this reason, it is advisable that instructions for the deadlines within said period be sent to us by June 4, 2019.

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The recently published Portuguese Industrial Property Code (CPI), will enter into force this July 1st, 2019 – with exception of the articles related to Trade Secret Protection, which have entered into force on January 1st, 2019.

This new CPI, approved by means of Legal Decree No. 110/2018, transposes the European Parliament and Council´s Directives; 2015/2436 to approximate the laws of the Member States relating to trade marks and 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. The CPI has seized the opportunity to simplify and clarify the administrative proceedings for granting, maintenance and surveillance of Industrial Property Rights, and introduces new mechanisms in order to strengthen the system and increase efficiency in the infringement action congestion.

After years of discussions inside and outside Brazilian IP circles, a political step has finally pushed the country towards the “no longer” inevitable position of acceding to the Madrid Protocol. The Brazilian House of Representatives approved on April 4, 2019, the proposal for the country to join the Protocol.

The next step in the process consists of further analysis of the subject at the Senate and, if the same positive outcome should happen, the Madrid Protocol is likely to be ratified by President Bolsonaro and become effective possibly no later than 2019.