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Patent litigation in Brazil: relevant updates on the patent term case and preliminary injunctions

Licks Attorneys


The Brazilian Supreme Court issued in May a landmark decision declaring unconstitutional the 10-year minimum patent term guarantee, impacting more than 30,000 patent applications going forward. The decision also has retroactive effects to pharmaceuticals and medical device patents. Brazilian Patent and Trademark Office (BRPTO) is already notifying patent holders regarding the reduction of their patent’s term. It represents a major change in the Brazilian Patent System. The BRPTO still has an expressive backlog to be reduced. Second, the Supreme Court case put a spotlight on BRPTO’s dysfunctions and urgent need to review practices. There is room now for Congress to step in and implement new PTA or PTE rules.

Please join us as we cover a variety of topics linked to the impact, including:

  • The Supreme Court decision in a nutshell, highlighting the main ideas of its scope and its application;
  • A comparative view on the Brazilian Patent System and other jurisdictions regarding patent term adjustments and extension;
  • What are the main points of attention to applicants and patent holders considering the new scenario in Brazil;
  • Possibility of preliminary injunction in telecom cases. Relevant updates and recent decisions.



Otto Licks
Partner, Licks Attorneys

Otto Licks is a founding partner at Licks Attorneys, a Brazilian law firm with over 290 people among its offices in Rio de Janeiro, São Paulo, Brasília, Curitiba and Tokyo as well as a French and German Desk. Otto is an expert on complex litigation and policy making, with over 23 years of experience representing international clients in life sciences (small molecules, biologicals, agrochemicals and medical devices), telecom, electronics and internet. He has established a reputation as a trial and appellate practice specialist, focusing on preliminary and permanent injunctions and monetization (damages and licensing), advising clients primarily on patent, trade secrets, unfair competition and regulatory data exclusivity, government procurement, food and drug and regulatory of telecom and internet. He has been the first chair in over 100 cases, from TROs and ex-parte injunctions up to leading cases before the Brazilian Supreme Court. Otto has published extensively in his areas of expertise and has been recognized by some of the most important international rankings. He is Vice Chair for the Global Series Committee(FCBA) and is an accomplished speaker in the United States, Europe, Asia and Latin America.


Rob Rodrigues
Partner, Licks Attorneys

Roberto is an experienced lawyer representing industry leading companies in patent litigation matters and patent oppositions.  Roberto has worked on the most high profile trials in patent matters in Brazil.

Additionally, he advises companies on issues related to cybersecurity and antitrust. Roberto earned an LLM from Stanford Law School, where he was Lead Editor of the Stanford Technology Law Review. Roberto joined Licks again in 2019 after working at Quinn Emanuel Urquhart & Sullivan, LLP in New York City. He has also published articles in technology law journals around the world.


Otto Licks
Rob Rodrigues


28 June 2021
15:00 - 16:00 UTC
60 min