Article 1: This law regulates rights and obligations regarding industrial property matters.

Article 2: The protection of  industrial property rights, which takes into account the social, technological and economic development of the country, is effected by means of:

      I. Patents of invention and patents of utility model;

2. Industrial design registrations;
3. Trademark registrations;
4. Repression of false geographical indications; and
5. Repression of unfair competition.

Article 3: The provisions of this law also apply to:

1. Application for a patent or registration originating from abroad and filed in this country by anyone under  protection guaranteed by a treaty or convention effective in Brazil; and
2. To nationals or persons domiciled in a country that reciprocates identical or equivalent rights to Brazilians or residents in Brazil.

Article 4: The provisions of treaties or conventions effective in Brazil are applicable, in equal conditions, to natural and legal persons that are nationals or residents of  this country.

Article 6: The author of an invention or of a utility model will be entitled to obtain a patent whose property will be guaranteed to the author under the terms and conditions in this law.

§1 Unless proven otherwise, the applicant is presumed to have the right to obtain a patent.

§2 A patent may be applied for by the author, its heirs or successors, by an assignee or by whomever the law or a employment or service contract determines to be the owner.

§3 When an invention or utility model is created jointly by two or more individuals, the patent may be applied for by all or anyone of them, providing that all inventors are fully identified in the application to guarantee respective rights.

§4 The inventor will be named and qualified, but may request his authorship not to be disclosed.

Article 7: If two or more authors have independently divised the same invention or utility model, the right to obtain a patent will be assured to whoever proves the earliest filing regardless of the dates of invention or creation.

Sole paragraph: The withdrawal of an earlier filing which had no effect will give priority to the first later filing.

Article 8: To be patentable an invention must meet the requirements of novelty; inventive activity and industrial application.

Article 9: An objet of practical use, or part thereof, is patentable as a utility model, if its capability of industrial application features a new shape or arrangement and involves an inventive act resulting in a functional improvement in its use or manufacture.

Article 10: The following are not considered to be inventions or utility models:

1. Discoveries, scientific theories and mathematical methods;
2. Purely abstract concepts;
3. Schemes, plans, principles or methods of a commercial, accounting, financial, educational, publishing, lottery or fiscal nature;
4. Literary, architectural, artistic and scientific works or any aesthetic creation.
5. Computer programs per se;
6. The presentation of information
7. .Rules of games;
8. .Operating or surgical techniques and therapeutic or diagnostic methods, for use on the human or animal body; and
9. Natural living beings, in whole or in part, and biological material, including the genome of germ plasma of any natural living being, when found in nature or isolated therefrom, and natural biological processes.

Article 11: Inventions and utility models are considered to be new when not included in the state of the art.

§1 The state of the art comprises everything made accessible to the public before the date of filing of a patent application, by written or oral description, by use or any other means, in Brazil or abroad, without the prejudice to the provisions of Articles 12, 16, and 17.

§2 For the purpose of determining novelty, the whole contents of an application filed in Brazil, but still unpublished, will be considered as state of the art,   from its filing date, or from the date of the earliest priority claimed, in case it be eventually published.

§3 The provisions of the preceding paragraph will  apply to an international patent application filed under a treaty or convention effective in Brazil, if the corresponding application is filed in this country.

Article 12: The disclosure of an invention or utility model which occurring during the twelve months preceding the patent application filing date or the earliest priority claimed will not be considered as part of the state of the art, provided that such disclosure is made by;

1. By the inventor;
2. By the National Institute of Industrial Property - INPI - (BRAZILIAN PTO), through official publication of a patent application filed without the consent of the inventor and based on information obtained from the inventor or as a result of its acts; or
3. By third parties, on the basis of information received directly or indirectly from the inventor or as the result of its acts.

Sole Paragraph: INPI (BRAZILIAN PTO) may require the inventor to submit a declaration regarding such a  disclosure, accompanied or not by evidence under the conditions established by Law.

Article 13: An invention shall be deemed to involve inventive activity when, to soneone skilled in the art, it does not appear to commonly or trivially derive from the state of the art.

Article 14: The utility model shall deemed to involve an inventive act when, to someone skilled in the art, it does not appear to commonly or trivially derive from the state of the art.

Article 15: Inventions and utility models are deemed of industrial application if capable of being produced or used in any kind of industry.

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Article 16: Priority rights will be guaranteed to a patent application filed in a country holding an agreement with Brazil or in an international organization, as if it was a national filing,, within the time limits established in the agreement.  Such filing shall not be invalidated nor jeopardized by facts occurring within such time limits.

§1 Priority claims must be made at the time of filing, but may be supplemented within 60 (sixty) days by other priorities earlier than the date of filing in Brazil.

§2 A priority claim must be supported by a suitable document of origin, including number, date, title, specifications and, if the case, claims and drawings, accompanied by an informal translation of the filing certificate or equivalent document containing data identifying the application, the contents of which will be the entire responsibility of the applicant.

§3 If not submitted at the time of filing, such proof must be presented within 180 (one hundred and eighty) days from filing.

§4 For international applications filed under a treaty or convention effective in Brazil, the translation provided for in §2 must be filed within the period of 60 (sixty) days from the date of entry into national phase.

§5 When the application filed in Brazil its entirely contained in the document of origin, an affidavit by the applicant in this respect will substitute the simple translation.

§6 When priority right is obtained by virtue of an assignment, the corresponding document must be submitted within 180 (one hundred and eighty) days from filing or, in the case of entry into national phase, within 60 (sixty) days from the date of such entry.  Consular certification of this document is not required.

§7 Failure to file a priority proof within the time limits established in this article will result in loss of priority rights.

§8 In the case of an application filed with a priority claim, any request for early publication must be made with proof of priority on file.

Article 17: An application for a patent of invention or for a utility model originally filed in Brazil, without a priority claim and still unpublished, will extend the right of priority to a later application in respect of the same subject matter filed in Brazil by the same applicant or by his successors, for a time limit of 1 (one) year.

§1 Priority will only be accepted for subject matter disclosed in the earlier application and will not cover any new matter eventually introduced.

§2 The pending earlier application will be considered as shelved.

§3 A patent application resulting from the division of an earlier application cannot serve as basis for priority claim.

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Article 18: The following are not patentable:

1. Whatever is contrary to morals, good customs and public security, order and health;
2. Substances, matter, mixtures, elements or products of any kind, as well as the modification of their physical-chemical properties and the respective processes of obtaining or modification thereof, when resulting from the transformation of the atomic nucleus; and
3. Living beings, in whole or in part, except transgenic micro-organisms meeting the three patentability requirements - novelty, inventive activity and industrial application - as provided in Article 8 and which are not considered mere discoveries

Sole Paragraph: For the purposes of this law, transgenic micro-organisms are organisms, except the whole or part of plants or animals, that present, due to direct human intervention in their genetic composition, a characteristic that can not normally be attained by species under natural conditions.

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Article 19: A patent application should include:

1. Executed application form;
2. Specification;
3. Claims;
4. Drawings if any;
5. An abstract; and
6. Proof of payment of the filing fee.

Article 20: Once submitted, the application will undergo a formal preliminary examination and, if in due order, will be formally accepted and stamped (docketed), the date of submittal being considered as the filing date.

Article 21: An application that does not formally meet the requirements of Article 19, but which does contain data covering subject matter, the applicant and the inventor, may be delivered to the INPI (BRAZILIAN PTO) against a dated receipt which will establish the requirements to be met within a period of 30 (thirty) days, the failure to do so resulting in return or shelving of the documentation.

Sole Paragraph: Once the requirements have been met, filing of the application will be considered to have been made on the date it was received.

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Article 22: An application for a patent of invention must refer to a single invention or to a group of inventions so interrelated as to comprise one single inventive concept.

Article 23: An application for a utility model must refer to a single basic model,  which may include a plurality of distinct additional elements or structural or configurative variations, provided that technical-functional and corporeal unity of the object is preserved.

Article 24: The specification must describe the subject matter clearly and sufficiently so as to enable anyone skilled in the art to carry it out and to indicate, when applicable, the best mode of execution.

Sole Paragraph: In the case of biological material essential for the practical execution of the subject matter of the application, which cannot be described in the form of this Article and which has not been accessible to the public, the specification will be supplemented by a deposit of the material with an institution authorized by INPI (BRAZILIAN PTO) or indicated by international agreement.

Article 25: The claims must be based on the specification, characterizing the particularities of the application, clearly and precisely defining the subject matter to be protected.

Article 26: A patent application may, prior to completion of its examination, be split, ex-officio or on applicant's request, into two or more applications, provided that the divisional application:

1. Makes specific reference to the original application; and
2. Does not exceed the subject matter disclosed in the original application.

Sole Paragraph: A request for division inconsistent with the provisions of this article shall be shelved.

Article 27: Divisional application will receive the filing date of the original application and the benefit of its priority, if any.

Article 28: Each divisional application will be subject to payment of the applicable fees.

Article 29: A patent application which is withdrawn or abandoned will be mandatorily published.

§1 A request for withdrawal must be filed within 16 (sixteen) months counted from the date of filing or of the earliest priority.

§2 Withdrawal of an earlier application, which has no effect,   will confer priority to the first later application.

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Article 30: A patent application will be kept secret for 18 (eighteen) months counted from its filing date or from the earliest priority, if any, after which it will be published, except for the event provided for under Article 75.

§1 Publication of the application can be anticipated upon applicant's request.

§2 The publication must include data identifying the patent application, a copy of the specification, claims, abstract and drawings being made available to the public by the INPI (BRAZILIAN PTO).

§3 In the case provided for in the Sole Paragraph of Article 24, the biological material will be made available to the public at the time of the publication to which this article refers.

Article 31: Documents and information to assist examination may be filed by interested parties between the publication of the application and the completion of examination.

Sole Paragraph: Examination will not take place prior to 60 (sixty) days from publication of application.

Article 32: In order better to clarify or define a patent application, applicant may effect amendments up to the date a request for examination is made, provided such amendments be limited to the subject matter initially disclosed in the application.

Article 33: Examination of a patent application must be requested by the applicant or by any interested party, within 36 (thirty six) months counted from the date of filing, the failure of which will result in shelving of application.

Sole Paragraph: A patent application may be reinstated, upon applicant's request, within 60 (sixty) days from its shelving, on payment of a specific fee, the failure of which will result in final shelving of application.

Article 34: Within 60 (sixty) days of an examination request, the following must be submitted, the failure of which will result in shelving of application.

1. Objections, prior art searches and the results of examinations corresponding applications in other countries, when priority is claimed;
2. Documents necessary to regularize the proceedings and examination of the application; and
3. An informal translation of the document mentioned in §2 of Article 16, should it have been substituted by a declaration  as provided for in §5 of that same Article.

Article 35: By occasion of technical examination, a search report and technical report will be issued with regard to:

1. Patentiability of the application.
2. Adaptation of the application to the nature of protection claimed;
3. Reformulation of the application or the division thereof, or
4. Technical amendments required.

Article 36: When the Official report is for non-patentiability or for the inadequacy of the application for the nature of protection claimed or requires technical amendments, the applicant will be notified to reply within 90 (ninety) days.

§1 If no reply to a official action is filed, the application will be definitively abandoned.

§2 If a reply to a official action is filed, but such official action is not fully complied with, or its contents contested, examination will proceed, regardless of arguments submitted concerning patentability or adequacy.

Article 37: Once examination is concluded, a decision will be issued to allow or reject the application.

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Article 38: A Patent will be granted after the application is approved and a letters-patent will be issued upon proof of payment of the corresponding issue fee.

§1 Payment of issue fee and the respective proof thereof must be effected within 60 (sixty) days from allowance.

§2 The fee provided for hereunder may also be paid and such payment proved within 30 (thirty) days from expiration of the time limit provided for in the preceding paragraph, independently of notice by payment of a specific fee, the failure of which shall result in shelving of the application in final form.

§3 Patent will be considered granted as of the date of publication of its allowance.

Article 39: The letters-patent will include the respective number, title and nature of protection, name of the inventor, observing the provisions of Article 6, §4, the qualification and domicile of the patentee, the term of validity, specification, claims and drawings, as well as to priority data.

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Article 40: A Patent of invention will have a term of 20 (twenty) years and a utility model patent a term of 15 (fifteen) years, counted from the filing date.

Sole Paragraph: Such time period will not be less than 10 (ten) years for patents of invention and 7 (seven) years from utility model patents, counted from grant, except when the INPI (BRAZILIAN PTO) is prevented from proceeding with the examination as to the merit of the application, due to a proven pending litigation or for reasons of "force majeure".

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Article 41: The scope of protection awarded by a patent is determined by the contents of the claims, interpreted in the light of the specifications and drawings.

Article 42: A patent entitle its owners the right to prevent third parties from manufacturing, using, offering for sale, selling or importing the following:

1. A product that is the subject matter of a patent,
2. A process, or product directly obtained by a patented process.

§1 The patentee is further warranted the right to prevent third parties from contributing to the practice of such acts referred to in this Article, by others.

§2 Rights in a process patent are violated, insofar as item II is concerned, when the holder or owner of a product fails to prove, through specific judicial means, that it was obtained by a manufacturing process different from that protected by a patent.

Article 43: The provisions of the previous article do not apply:

1. Acts practiced by unauthorized third parties privately and without commercial purposes, provided they do not result in damage to the economic interests of the patentee;
2. Acts practiced by unauthorized third parties for experimental purposes, regarding studies or to scientific or technological research;
3. The preparation of medicine according to a medical prescription for individual cases, executed by a qualified professional, as well as to a medicine thus prepared.
4. A product manufactured in accordance with a process patent or a product that has been placed on the internal market directly by the patentee or with his consent;
5. Third parties who, in the case of patents related to living matter, use, with no economic purposes, the patented product as the initial source of variation or propagation for obtaining of other products; and
6. Third parties who, in the case of patents related to living matter, use, market or sell a patented product that has been lawfully introduced onto the market by the patentee or its licensee, provided that the patented product is not being used for commercial reproduction or propagation of such living matter.

Article 44: A patentee is warranted the right to obtain compensation for the unauthorized exploitation of the subject matter of the patent, including exploitation that occurred between the application date of publication and that of grant of the patent.

§1 If the infringer obtains, by any means, knowledge of the contents of a pending application, prior to its publication, the period of unauthorized exploitation, for the purpose of compensation, will be counted from the date of commencement of such exploitation.

§2 When the subject matter of a patent application refers to biological material, deposited under the terms of the Sole Paragraph of Article 24, the right to compensation will be conferred only when the biological material has been made available to the public.

§3 The right to obtain compensation for unauthorized exploitation, including with regard to the period preceding grant of the patent, is limited to the scope of the subject matter of the patent, under the terms of Article 41.

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Article 45: A individual who is in good faith, prior to filing date or to the priority date of a patent application, exploits its object in this country, will be warranted the right to proceed such exploitation, in the previous manner and conditions, with no burden whatsoever.

§1 The right conferred under this Article can only be transferred by assignment or lease, together with the business or corporation, or part thereof that has directly involved in exploitation of the subject matter of the patent.

§2 The right to which this Article refers will not be warranted to a person who had knowledge of the subject of the subject matter of the patent upon its disclosure under Article 12, provided that the application was filed within 1(one) year from such disclosure.

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Article 46: A patent is null if granted contrary to the provisions of this law.

Article 47: Nullity may not apply to all of the claims, a condition for partial nullity being that the subsisting claims constitute subject matter that is patentable per se.

Article 48: Nullity of a patent will be effective from its corresponding application filing date.

Article 49: In the case of the provisions of Article 6 not having been observed, the inventor may alternatively claim, in a action, adjudication of the patent.

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Article 50: Nullity of a patent will be declared administratively when:

I. Any of the legal requisites have not been met;

II.The specification and the claims do not meet the provisions of Articles 24 and 25, respectively;

III.The scope of protection of the patent extends beyond the contents of the application as originally filed; or

IV. Any of the essential formalities indispensable for grant were omitted during prosecution.

Article 51: The nullity procedure may be initiated ex-officio or by the request of any person having legitimate interest, within 6 (six) months counted from patent  allowance.

Sole Paragraph: The nullity procedure will continue even beyond extinction of patent.

Article 52: The patentee will be notified to respond within a period of 60 (sixty) days.

Article 53: Independently of a reply having been filed, once the period determined in the preceding Article has elapsed, INPI (BRAZILIAN PTO) will issue an opinion, notifying the patentee and the applicant to reply within a  period of 60 (sixty) days.

Article 54: Once the period of time provided for in the preceding Article has elapsed, even if no replies have been submitted, the process will be decided by the President of the INPI (BRAZILIAN PTO), terminating the administrative instance.

Article 55: The provisions of this Section apply, where appropriate, to certificates of addition.

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Article 56: Cancellation proceedings can be started at any time during the life of a patent by the INPI (BRAZILIAN PTO) or by any third party having legitimate interest.

§1 Cancellation  of a patent may be disputed at any time, as matter for defense.

§2 The judge may, as a preventive or incidental ruling , determine the suspension of the effects of a patent, provided that relevant procedural requirements are properly complied with.

Article 57: Cancellation actions will be entered in Federal Courts, and INPI (BRAZILIAN PTO), when not a plaintiff, will intervene in the suit.

§1 The period for the defendant to reply will be 60 (sixty) days.

§2 Once the decision on a cancellation procedure becomes final ( res judicata), INPI (BRAZILIAN PTO) will publish its conclusion for the benefit of third parties.

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Article 58: A patent application or patent, the contents of which are indivisible, may be assigned in whole or in part.

Article 59: INPI (BRAZILIAN PTO) will carry out  the following recordings:

1. Assignments, recording complete qualifications of the assignee;
2. Any limitation or burden applicable to the application or patent; and
3. Changes of name, headquarters or address of the applicant or patentee.

Article 60: Recordings will be effective in regard to third parties as from the date of their publication.

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Article 61: A patentee or applicant may execute a license contract for exploitation.

Sole Paragraph: The licensee may be entitled by patentee with all powers to act in defense of the patent.

Article 62: A license agreement must be recorded with INPI (BRAZILIAN PTO) in order to be effective in regard to third parties.

§1 Such  recording will be effective in regard to third parties from the date of its publication.

§2 A license agreement need not be recorded with the  INPI (BRAZILIAN PTO) for the purpose of validating a proof of use.

Article 63: Any improvement included in a licensed patent belongs to the person  who made it, the other contracting party being guaranteed the right of preference for licensing purposes.

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Article 64: A patentee may request INPI (BRAZILIAN PTO) to place his patent under offer with a view to its exploitation.

§1 INPI (BRAZILIAN PTO) will promote publication of the offer..

§2 No exclusive voluntary license contract will be recorded by INPI (BRAZILIAN PTO) without the offer being withdrawn by the patent owner.

§3 No patent subject to an exclusive voluntary license may be made the subject of an offer.

§4 The patent owner may withdraw the offer at any time prior to the express acceptance of its terms by an interested party, whereby the provisions of Article 66 will not apply.

Article 65: Should patentee and licensee come not to terms as regards remuneration of license, such remuneration can be arbitrated by the INPI (BRAZILIAN PTO) upon request of the parties.

§1 For the purpose of this article, INPI (BRAZILIAN PTO) will take into account the provisions of § 4 of Article 73.

§2 The remuneration may be reviewed after 1 (one) year of it being established.

Article 66: A patent under license offer will have its annuity fees reduced by one half during the period between the offer and grant of the first license of any type.

Article 67: The patentee may request cancellation of the license if the licensee does not initiate effective exploitation within 1 (one) year of the grant of the license; interrupts exploitation for a period longer than 1 (one) year or else, if conditions for exploitation are not obeyed.

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Article 68:A patentee will be subject to having its patent compulsorily licensed  if he exercises rights resulting therefrom in an abusive manner or by means of abuse of economic power proven under the terms of the law by an administrative or court decision.

§1 The following may also result in a compulsory license:

1. Non-exploitation of the subject matter or the patent in the territory of Brazil, by lack of manufacture or incomplete manufacture of the product or, furthermore, by lack of complete use of a patented process, except in the case of non-exploitation due to economic unfeasibility, when importation will be permitted; or
2. Commercialization that does not meet the market needs.

§2 The license can only be requested by a party with legitimate interest and that has the technical and economic capacity to carry out the efficient exploitation of the subject matter of the patent, which should be  predominantly destined for the internal market, save for exception provided for in item I of the previous paragraph.

§3 In the case that a compulsory license is granted due to abuse of economic power, a period of time, limited to that provided for in article 74, will be guaranteed to a licensee proposing to manufacture locally, to proceed with importation of the subject matter of the license, provided it has been placed on the market directly by the patentee or with his consent.

§4 In the case of importation for exploitation of a patent and in the case of importation provided for in the preceding paragraph, the importation by third parties of a product manufactured according to a process or product patent will equally be allowed, provided it has been placed on the market directly by the patentee or with his consent.

§5 A compulsory license, to which §1 refers, may only be requested after 3 (three) years form grant date.

Article 69: A compulsory license will not be granted if, at the date of its request, the patentee:

1. Justifies non-use for legitimate reasons;
2. Proves that serious and effective preparations for exploitation have been carried out; or
3. Justifies lack of manufacture or commercialization due to legal obstacles.

Article 70: A compulsory license will also be granted when the following hypotheses are shown to exist cumulatively:

1. A situation of dependency of one patent on another is characterized.
2. The subject matter of the dependent patent constitutes a substantial technical advance in relation to the earlier patent; and
3. The patentee does not come to an agreement with the patentee of the dependent patent for the exploitation of the earlier patent.

§1 For the purposes of this Article, a dependent patent is considered to be that which exploitation  depends necessarily on the use of the subject matter of its parent patent.

§2 For the purposes of this Article, a process patent may be considered as dependant on a patent for the respective product, as also a product patent may be dependent upon a process patent.

§3 The owner of a patent licensed under the terms of this Article will have the right to a compulsory cross license under the dependent patent.

Article 71: In cases of national emergency or public interest, declared in an act of the Federal Executive Authorities, insofar as the patentee or his licensee does not meet such demand, a temporary ex-officio non-exclusive compulsory license for the exploitation of the patent may be granted, without prejudice to the rights of the respective patentee..

Sole Paragraph: The act of grant of the license will establish its tem of validity and the possibility of extencion.

Article 72: Compulsory licenses will always be granted without exclusivity.  In this case, sub-licensing not being permitted.

Article 73: A request for a compulsory license must   indicate the conditions offered to the patentee.

§1 Once a request for license is filed, the patentee will be notified to respond within a period of 60 (sixty) days, at the end of which, in the absence of such response, the request will be deemed as accepted under the conditions offered.

§2 An applicant for a license who alleges abuse of patent rights or abuse of economic power must submit documented evidence.

§3 If a compulsory license is requested on the basis of lack of exploitation, it will be up to the patent owner to prove exploitation.

§4 If a contestation is filed, INPI (BRAZILIAN PTO) may take the necessary steps, including the designation of a committee that may include experts independent from the INPI (BRAZILIAN PTO), with a view to arbitrating the remuneration to be paid to the patentee.

§5 The organs and entities of the direct or indirect, federal, state and municipal public administration will provide INPI (BRAZILIAN PTO) with such information as may be requested assisting in the arbitration of remuneration.

§6 In arbitrating remuneration, the circumstances of each case will necessarily  take into account the economic value of the license granted.

§7 Once the process is started, INPI (BRAZILIAN PTO) will reach a decision regarding the grant and the conditions of the compulsory license within a licensed period of 60 (sixty) days.

§8 Appeals against decisions granting a compulsory license will not suspend the effect of said decision.

Article 74: In the absence of legitimate reasons, the licensee must initiate exploitation of the subject matter of the patent within a period of 1 (one) year from the grant of the license, however,  interruption for equivalent time period is allowed.

§1 The patentee may request revocation of the license if the provisions of this Article are not met.

§2 The licensee will be vested with all powers to act in defense if the patent.

1. After grant of a compulsory license, the assignment thereof will only be permitted when effected together with  assignment, transfer or lease of the business or corporation exploiting the patent.

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Article 75: A patent application originated in Brazil, the object of which is of interest to national defense will,  be processed in secrecy and will not be subject to publications provided for in this law.

§1 INPI (BRAZILIAN PTO) will  immediately forward the application to a qualified government agency for the purpose of issuing an opinion regarding secrecy within 60 (sixty) days.  Upon expiration of such time period without receiving an opinion from that agency, the application will be processed on an ordinary basis.

§2 Except when the express authorization is given by a qualified government agency, the filing of a patent application abroad, which subject matter is deemed of interest to national defense, as well as its disclosure, is prohibited.

§3 Exploitation and assignment of an application or patent of interest to national defense are subject to prior authorization by a qualified government agency, due compensation being guaranteed whenever this implies a restriction to the rights of the applicant or patentee.

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Article 76: Upon payment of a specific fee, the applicant or patent owner of a patent of invention may request a certificate of addition to protect an improvement or development introduced in the subject matter of the invention, even if lacking inventive activity, provided that it shares the same inventive concept.

§1 If publication of the original application has already taken place, the application for a certificate of addition will be published immediately.

§2 Examination of the application for a certificate of addition will comply with the provisions of Articles 30 to 37, without prejudice to the provisions of the preceding paragraph.

§3 An application for a certificate of addition will be rejected if its subject matter does not involve the same inventive concept.

§4 The applicant may, within the time period for appeal, upon payment of the corresponding fee, request the conversion of an application for a certificate of addition into a patent application that will benefit from the date of filing of the application for the certificate of addition.

Article 77: A certificate of addition is accessory to the patent, carries the same expiration date, being part thereof for all legal purposes.

Sole Paragraph: In a nullity process, the patentee may request that the subject matter contained in the certificate of addition be examined to verify the possibility of its preserving its validity without prejudice to the patent validity term.

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Article 78: A patent shall extinguish by:

1. Expiration of the term of protection
2. Waiver by the patentee, without prejudice to the rights of third parties;
3. Cancellation;
4. Non-payment of the annual fee, within the periods provided for in §2 of article 84 and in article 87; and
5. Non-observance of the provisions of article 217.

Sole Paragraph: Once a patent is extinct, its subject matter falls within the public domain.

Article 79: Waiver will only be permitted if it does not prejudice the rights of third parties.

Article 80: A patent will be cancelled ex-officio, or upon request of any party with a legitimate interest if, after 2 (two) years from the grant of the first compulsory license, such time period has not been sufficient to prevent or correct abuse or misuse, save for legitimate reasons.

§1 A patent will expire if its exploitation has not been initiated up to the date of cancellation request or of the ex-officio cancellation proceedings are institutedd by the INPI (BRAZILIAN PTO).

§2 In cancellation proceedings started by request of a party having a legitimate interest, the  INPI (BRAZILIAN PTO) may continue with such proceedings even if the request is withdrawn by the interested party.

Article 81: The patentee will be notified to respond to the cancellation request within a period of 60 (sixty) days, in which period of time the patent owner must submit proof of exploitation.

Article 82: A decision will be issued within 60 (sixty) days counted from lapse of time period mentioned in the preceding Article.

Article 83: A decision on a cancellation procedure will be effective as from the date of its request or from that of  publication of the commencement of an ex-officio procedure.

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Article 84: The applicant and patentee are subject to the payment of annual renewal fees, as from the beginning of the third year from filing date.

§1 Advance payment of annual fees will be regulated by the INPI (BRAZILIAN PTO).

§2 The payment should be effected within the first 3 (three) months of each annual period, but may still be effected within the following 6 (six) months, independently of notification, by payment of an additional fee.

Article 85: The provisions of the preceding Article apply to international applications filed under a treaty effective in Brazil, the payment of annual fees due before the date of entry into national phase having to be made within a time period of 3 (three) months from that date.

Article 86: Failure to pay an annual fee, under the terms of articles 84 and 85, will result in shelving of application or extinction of the patent.

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Article 87:If the applicant or patentee so requests, a patent application and a patent may be restored within 3 (three) months counted from notice of shelving of the application or extinction of the patent, upon payment of a specific fee.

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Article 88: An invention or utility model will belong exclusively to the employer when it results from a service contract executed in Brazil and the object of which is research or the performance of inventive activity or when resulting from the nature of the services for which the employee was contracted.

§1 Save for express contractual provisions to the contrary, remuneration for the service to which this article refers will be limited to the salary agreed upon.

§2 Unless proven otherwise, an invention or utility model for which a patent is requested by an employee within 1 (one) year from termination of employment contract will be deemed as having been developed while the contract was in force.

Article 89: An employer, being the owner of the patent, may grant the employee, who is the author of the invention or improvement, a share in the profit resulting from exploitation of the patent, as a result o negotiation with an interested party or as provided for under company's internal regulations.

Sole Paragraph: The profit share referred to in this Article will not in any way be incorporated into the salary of the employee.

Article 90: An invention or utility model developed by an employee will belong exclusevily to the employee provided  that is unrelated to the employment contract and when it does not result from the use of resources, means, data, materials, installations or equipment of the employer.

Article 91: Ownership of an invention or utility model will be shared, in equal proportion, when resulting from personal contribution of the employee and resources, data, means, materials, installations or equipment of the employer, without prejudice to express contractual provisions to the contrary.

§1 When more than one employee is involved, the share applicable to them will be divided equally among all of them, unless otherwise agreed upon.

§2 The employer will be entitled to an exclusive license for exploitation and the employee will be guaranteed fair remuneration.

§3 In the absence of an agreement, exploitation of the subject matter of the patent must be started by the employer within 1 (one) year counted from the date of grant, under penalty of ownership in the patent being transferred to the exclusively to the employee, save for such lack of exploitation occurring for legitimate reasons.

§4 In case of assignment, any of the co-owners may exercise the right of preference under identical conditions.

Article 92: The provisions of this chapter, whenever applicable, shall apply to the relationship between an independent worker or a trainee and the contracting company and between contracting and contracted companies

Article 93: The provisions of this Chapter, whenever applicable, shall apply to entities of the direct or indirect and foundational, federal, state or municipal, public administration.

Article 94: The author is assured the right to obtain a registration of an industrial design that guarantees him its property, under the terms established by this law.

Sole Paragraph: Whenever applicable, the provisions of Articles 6 and 7 shall apply to industrial design registrations.

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Article 95: An industrial design is considered to be any ornamental plastic form of an object or any ornamental combination of lines and colors that may be applied to a product, providing new and original visual result in its external configuration, and that may serve as a type of industrial manufacture.

Article 96: An industrial design is deemed to be new when not comprised by the state of the art.

§1 The state of the art comprises everything made accessible to the public before prior to filing of the application, in Brazil or elsewhere, by use or any other means, without prejudice to the provisions of §3 of this Article and of Article 99.

§2 For the sole purpose of determining novelty, the whole contents of an application for a patent or a registration filed in Brazil, still unpublished, will be considered as included in the state of the art from its filing date, or from the priority claimed, provided it be eventually published.

§3 An industrial design of which disclosure occurred, within 180 (one hundred and eighty) days from application filing date or that of the priority claimed will not be considered as included in the state of the, provided such disclosure is made in accordance with the situations prescribed in items I to III of article 12.

Article 97: An industrial design is considered original when it results in a visual configuration distinctive in relation to other prior objects.

Sole Paragraph: The original visual result may be the result from combination of known elements.

Article 98: Works of a purely artistic nature are not considered as industrial designs.

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Article 99:Whenever applicable, the provisions of article 16, except for the time limit provided for in §3 of that Article, which will be 90 (ninety) days, apply to applications for registration.

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SECTION  III - NON REGISTRABLE INDUSTRIAL DESIGN

Article 100: An industrial design is not registrable for:

1. Whatever is contrary to morals and good customs or offensive to the honor or image of people or is contrary to the liberty of conscience, belief, religious cults or ideas and feelings worthy of respect and veneration.
2. The necessary common or ordinary shape as an object or, further, that which is determined essentially by technical or functional considerations.

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Article 101: An application for registration, in accordance with conditions established by INPI (BRAZILIAN PTO), should include:

1. Executed application form;
2. Specifications, if applicable;
3. Claims, if applicable;
4. Drawings or photographs;
5. The field of application of the object; and
6. Proof of payment of the filing fee.

Sole Paragraph: All documents pertaining to the application must be drafted and filed in the Portuguese language.

Article 102: Once submitted, the application will be undergo a formal preliminary examination and, if in order, will be docketed, the filing date being considered to be the date of its submittal.

Article 103: An application that does not formally meet the requirements of Article 101, but which does contain sufficient data relating to the applicant, to the industrial design and to the author, may be delivered to INPI (BRAZILIAN PTO) against a dated receipt which will establish the requirements to be met within a period of 5 (five) days, under penalty of such application being declared as non-existing.

Sole Paragraph: Once the requirements have been met, filing will be considered to have been made on submittal date.

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Article 104: An application for an industrial design registration must refer to a single object, a plurality of variations being permitted, provided that these are meant for the same purpose and preserve the main distinctive character, each application being limited to a maximum of 20 (twenty) variations.

Sole Paragraph:  The drawing must clearly and sufficiently represent the object and its variations, if any, so as to allow its reproduction by anyone skilled in the art.

Article 105: When secrecy is requested under the terms of article 106, §1, the application may be withdrawn up to 90 (ninety) days counted from its filing date.

Sole Paragraph: Withdrawal of an earlier application which has no effect, will confer priority on the first later application.

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Article 106: Once an application for an industrial design registration has been filed and the provisions of Articles 100 (one hundred), 101 (one hundred and one) and 104 (one hundred and four) have been met, it will be published automatically and the registration will be simultaneously granted, and the respective certificate issued.

§1 On applicant's request at the time of filing, the application may be kept secret for a period of 180 (one hundred and eighty) days counted from the filing date, after which it will be prosecuted on an ordinary basis.

§2 If the applicant avails himself of the provisions of Article 99, processing of the application will await submittal of the priority document.

§3 If the provisions of Articles 101 (one hundred and one) and 104 (one hundred and four) are not met, an Office Action will be issued which a response should be filed within 60 (sixty) days under penalty of the application being filed away in final form.

§4 If the provisions of Article 100 (one hundred) are not met, the application for registration will be rejected.

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Article 107: The certificate must include the number and title, the name of the author, observing the provisions of §4 of Article 6, the name, nationality and domicile of the registrant, the term of validity, drawings, data relating to any priority and, if applicable, the specification and claims.

Article 108: The registration will have a term of 10 (ten) years counted from filing date and will be renewable for three consecutive periods of 5 (five) years each.

§1 A renewal application must be filed during the last year of the registration validity term accompanied by proof of payment of the respective fee.

§2 If a renewal application is not filed prior to expiration of the registration validity term,  registrant may do so within the following 180 (one hundred and eighty) days, upon payment of an additional fee.

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Article 109: The property in an industrial design is acquired by a validity granted registration.

Sole Paragraph: Whenever applicable, the provisions of Article 42 and of items I, II and IV of article 43, shall apply.

Article 110: Any individual who, in good faith,  prior to filing or of the priority date of an application for registration, has exploited the contents of such application in this country, will be guaranteed the right to proceed with such exploitation in its previous manner and conditions, without any burden whatsoever.

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Article 111: The owner of an industrial design may request an examination of the object of the registration, at any time during its validity term, as to its aspects of novelty and originality.

Sole Paragraph: INPI (BRAZILIAN PTO) will merit a report which, once determining that at least one of the requirements under Articles 95 to 98 has failed to be met, will serve as basis for the instituting of ex-officio nullity proceedings of the registration.

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Article 112: A registration is null if granted not in conformity with to the provisions of this law.

§1 Nullity of a registration will be effective as from the date of filing of the application.

§2 In case of non-compliance with provisions of Article 94, the author may alternatively claim adjudication of the registration.

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Article 113: Nullity of a registration will be administratively declared when it has been granted violation of the provisions in Articles 94 to 98.

§1 Nullity proceedings may be instituted ex-officio or at the request of any person having a legitimate interest within 5 (five) years form grant of the registration, without prejudice to the hypothesis provided for in the Sole Paragraph of article 111.

§2 A cancellation request or ex-officio institution will suspend the effects of grant of  registration if submitted or published within 60 (sixty) granting date.

Article 114: The registree will be notified to respond within 60 (sixty) days counted from the date of such publication.

Article 115: INPI will issue a report upon expiration of the time period specified in the preceding Article, opinion after the period specified in the previous Article, whether a  response have been filed or not, notifying both the registree and plaintiff to respond with in 60 (sixty) days.

Article 116: Upon expiration of the time period specified in the preceding Article, even if no responses have been filed, the procedure will be decided by the president of the INPI (BRAZILIAN PTO), bringing the administrative instance to a close.

Article 117: Nullity proceedings will be continued even beyond the extinction of the registration.

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Article 118: Whenever applicable, the provisions of Articles 56 and 57 shall apply to nullity of an industrial design registration..

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Article 119: A registration will extinguish by:

1. Expiration of the term of validity.
2. Waiver of registree without prejudice to the rights of third parties;
3. Non-payment of the fee, provided for in Articles 108 and 120; or
4. Non-observance of the provisions of Article 217.

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Article 120: The registration owner is subject to payment of quinquennial fee as of the second quinquennium from the filing date.

§1 Payment of the second quinquennium will be made during the 5^th (fifth) year of the term of the registration.

§2 Payment of the subsequent quinquennium fees will be made with the renewal application referred to in Article 108.

§3 Payment of quinquennium fees may still be made within the 6 (six) months following the time period established in the preceding paragraph, upon payment of an additional fee.

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CHAPTER  X - FINAL PROVISIONS

Article 121: Whenever applicable, the provisions of Articles 58 to 63 shall apply to subject matter dealt with the present TITLE, the rights of the employee or supplier of services being governed by provisions of articles 88 and 93.

Article 122: Any visually perceptive distinctive sign, when not prohibited by law, is registrable as trademark.

Article 123: For the purposes of this law, the following definitions apply:

1. Product or service trademark: that used to distinguish a product or service from another identical, similar or related of different origin;
2. Certification trademark: that used to attest that a product or service conforms with certain technical standards or specifications, notably in regard to quality, nature, material used and the methodology employed; and
3. Collective trademark: that used to identify products or services originating from participants of a given entity.

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Article 124:The following are not registrable as trademarks:

1. Crests, armorial ensigns, medals, flags, emblems, official public symbols and monuments, whether national, foreign or international, or else, their respective designations, figures or imitations;
2. An isolated letter, number or date, except when sufficiently distinctive;
3. Expressions, figures, design or any other sign contrary to morals and good customs or which offends the honor or image of individuals or attacks the liberty of conscience, beliefs, religious cults or ideas and sentiments worthy of respect and veneration;
4. Designations or acronyms of a public entity or establishment, when registration is not applied for by such a public entity or establishment.
5. Reproductions or imitations of a characteristic or distinctive portion of a title of establishment or a business name of third parties, likely to cause confusion or association with such distinctive signs;
6. Signs of a generic, necessary, common, vulgar or merely descriptive nature, related to the product or service to be distinguished, or else, commonly used to designate a feature of the product or service as regards its nature, nationality, weight, value, quality, and moment of manufacturing or of proving a service, except when presented in a sufficiently distinctive manner,
7. Signs or expressions used merely as a means of propaganda,
8. Colors and their denominations, except when arranged or combined in an unusual and distinctive manner;
9. Geographic indications, imitations thereof likely to cause confusion or signs that might falsely imply a geographic indication:
10. Signs that suggest a false indication with respect to origin, provenience, nature, quality or use of the utility of the product or service to which the trademark is directed;
11. Reproductions or imitations of official seals, normally adopted to warrant a standard of any type or nature;
12. Reproductions or imitations of sign registered as collective or a certification trademark by a third party, without prejudice to the provisions of article 154;
13. Names, prizes or symbols of sport, artistic, cultural, social, political, economic or technical official or officially recognized events, as well as imitations likely to cause confusion, except when authorized by the competent authority or entity promoting the event;
14. Reproductions or imitations of titles, bonds, coins and bank notes of the Union, the States, the Federal District, the Territories, the Municipalities or of any country;
15. Civil name or respective signature, family or patronymic names and images of third parties, except with the consent of the owner, his heirs or his successors;
16. Well-known pseudonyms or nicknames and individual or collective artistic names, except with the consent of the owner, his heirs or his/her successors;
17. Literary , artistic or scientific works, as well as tittles protected by copyright which are likely to cause confusion or association, except with the consent of the author or owner;
18. Technical terms used in industry, science or art that is related to the product or service to be distinguished.
19. Reproductions or imitations , in whole or in part, even with additions, of a trademark registered by a third party to distinguish or certify a product or service that is identical, similar or related, which is likely to cause confusion or association with the trademark of a third party;
20. Duplicity of trademarks of the owner for the same product or service, except when, in the case of trademarks of the same nature, these are presented in a sufficiently distinctive manner;
21. Necessary, common or usual shapes of a product or of a package, or, furthermore, shapes that cannot be disassociated from a technical effect.
22. Objects that are protected by industrial design registrations of third parties; and
23. Signs that imitate or reproduce, in whole or in part, a trademark of which the applicant, by virtue of its activity,  could obviously not fail to have knowledge, and the owner of which is established or domiciled in the national territory or in a country in which Brazil maintains an agreement or warrants reciprocity of treatment, if the trademark is intended to distinguish a product or service that is identical, similar or related, which are likely to cause confusion or association with such third party trademark.

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Article 125: Trademarks registered in Brazil and considered to be famous will be guaranteed special protection, in all fields of activity.

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Article 126: A trademarks well-known in its field of activity under Article 6 bis (1) of the Paris Convention for the Protection of Industrial Property will enjoy special protection, whether it has been previously filed or registered in Brazil.

§1 The protection referred to in this Article also applies to service trademarks.

§2 INPI (BRAZILIAN PTO) may reject ex-officio an application for a trademark that reproduces or imitates a well-known trademark in whole or in part.

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Article 127: Priority rights will be guaranteed with the same effect as of a national filing, to a trademark application filed in a country holding an agreement with Brazil or in a international organization, within the time limits established in the agreement, such filing being not invalidated nor jeopardized by the facts occurring whithin such time limits.

§1 The priority claim must be made at the time of filing, but may be supplemented within 60 (sixty) days by other priorities earlier than the date of filing in Brazil.

§2 A priority claim must be supported by means of a suitable document of origin, containing the number, date and a copy of the basic application or of the registration, accompanied by a informal translation, the contents of which are applicant's sole responsibility.

§3 If not submitted at the time of filing, such priority document must be presented within 4 (four) months from filing, under penalty of loosing its priority rights.

§4 When a priority is obtained by the virtue of the assignment, the corresponding document must be filed together with the priority certificate.

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Article 128: Individuals, private or public legal entities may apply for the registration of a trademark.

§1 Private legal entities may apply for the registration of a trademark only when this relates to the activity effectively and lawfully performed by   the applicant directly or through an undertaking directly or indirectly controlled by applicant, such a condition to be staterd in the application and subject to penalties of the law.

§2 The registration of a collective trademark may only be applied for by a legal entity while representing a group, although it may carry out an activity different from that of its participants.

§3 The registration of a certification trademark can only be applied for by a person having no direct commercial or industrial interest in the product or service to be certified.

§4 A priority claim does not exempt the application from the provisions of this Title.

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Article 129: Ownership of a trademark is acquired by a registration validly granted under provisions of this law, the owner being warranted its exclusive use throughout national territory, without prejudice to those provisions of Articles 147 and 148 regarding collective and certification trademarks.

§1 Any individual who, in good faith,  at the date of priority or that of application was using an identical or similar trademark for at least 6 (six) months in the country, to distinguish or certify a product or service identical, similar or related, will have preferential right to registration.

§2 The preferential right can only be transferred by assignment or lease, together with the business or corporation, or part thereof, directly involved in the use of the trademark

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Article 130: The owner or the applicant of a trademark registration is further warranted the right to:

1. Assign the registration or application;
2. License its use;
3. Protect its material integrity or reputation;

Article 131: The protection awarded by this law covers the use of the trademark on papers, printed matter, advertisements and documents related to the owner's activity.

Article 132: The owner of a trademark may not:

1. Prevent merchants or distributors from using distinctive signs together with the product trademark for its promotion and commercialization.
2. Prevent manufacturers of accessories from using the trademark to indicate  the product use, provided that these abide by practices of fair competition;
3. Prevent the free circulation of products placed on the internal market by himself or by an authorized third party, without prejudice to the provisions of §3 and §4 of Article 68; and
4. Prevent the reference to the trademark in speeches, scientific or literary works or in any other type of publication, provided that it is made  without any commercial purposes and without prejudice to its distinctive character.

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Article 133: The registration of a trademark is valid for 10 (ten) year counted from its granting date, and renewable for equal and subsequent periods.

§1 An application for renewal must be made within the last year of its validity term together with proof of payment of the respected fee.

§2 If the renewal application has not been filed by the end of the registration validity term, the owner may still file such application within the following 6 (six) months upon payment of an additional fee.

§3 Renewal will not be granted if the provisions of Article 128 are not met.

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Article 134: Applications for registration and registrations may be assigned, provided that the assignee fulfils those legal requirements to be met by the applicant of a registration.

Article 135: An assignment must include all registrations or application, in the name of the assignor, for identical similar trademarks regarding a product or service identical, similar or related, under penalty of cancellation of the registrations or shelving of the applications not included in the assignment.

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Article 136: INPI (BRAZILIAN PTO) will record the following:

1. Assignments, including full qualification of the assignee;
2. Any limitation or burden on the application or registration; and
3. Changes of name, headquarters or address of the applicant or registrant.

Article 137: Recordings will be effective in relation to third parties as from date of their publication.

Article 138: Appeals may be filed from a decision that:

1. Denies a recording of assignment; and
2. Cancels a registration or shelves the application under the terms of Article 135.

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Article 139: The owner or applicant of an application of a registration may enter into a license contract for use of the trademark, with no prejudice to its right to practice effective control over the specifications, nature and quality of the respective products or services.

Sole Paragraph: The owner may entitle licensee with full powers to act in defense of the trademark, without prejudice to his own rights.

Article 140: License contracts must be recorded at INPI (BRAZILIAN PTO) in order to be effective in regard to third parties.

§1 Recordings will be effective in regard to third parties as from the date of their publication.

§2 For proof of use purposes, license agreements need not be recorded at INPI (BRAZILIAN PTO).

Article 141: An appeal may be filed against a decision rejecting the recordal of a license agreement.

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Article 142: The registration of a trademark will become extinct:

1. On expiry of validity term.
2. On waiver, which may be total or partial with respect to the products or services covered by the mark;
3. By cancellation; or
4. For failure to comply with provisions of Article 217

Article 143: A registration will be cancelled, on the request of any person with a legitimate interest, if, on the date of request, after 5 (five) years from its grant:

1. Use of the trademark in Brazil has not been initiated; or
2. Use of the trademark has been interrupted for more than 5 (five) consecutive years, or if, within such time period, the trademark has been used in a modified form that implies alteration of its original distinctive character, as appears on registration certificate.

§1 The registration will not be cancelled if the owner justifies the lack of use of the trademark for legitimate reasons.

§2 The owner will be notified to reply within  60 (sixty) days, and will be responsible for the proof of use of the trademark or justify its lack of use for legitimate reasons.

Article 144: Use of the trademark must include those products or services indicated in the registration certificate, under penalty of partial cancellation of the registration in regard to those products or services not similar or related to those for which use of the trademark has been proved.

Article 145: No acknowledgment will be given to requests for cancellation if use of the trademark has been proved or if its lack of use has been justified in an similar former procedure within 5 (five) preceding years.

Article 146: An appeal may be filed from a decision with either declares or rejects a trademark cancellation.

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Article 147: An application for the registration of a collective trademark must include regulations of use, disclosing conditions and prohibitions for use of the trademark.

Sole Paragraph: When not included in the application, such regulations of use must be submitted within 60 (sixty) days from filing of application, under penalty of the application being shelved in final form.

Article 148: An application for the registration of a certification trademark must include:

1. Characteristics of the product or the service to be certified; and
2. Methods of control that are to be adopted by owner.

Sole Paragraph: When not included in the application, the documentation required in items I and II of this Article, must be filed within 60 (sixty) days under penalty  of the application being shelved in final form.

Article 149: Any changes in the regulations of use must be communicated to INPI (BRAZILIAN PTO), by means of an authenticated petition, indicating all modified conditions, under penalty of it being of no effect.

Article 150: Use of the trademark will not depend on a license contract, it being sufficient for its authorization to be contained in regulations of use.

Article 151: Besides those grounds for extinction provided for in Article 142, registrations for collective and certification trademarks will become extinct when:

1. The entity is legally dissolved; and
2. The trademark is used under conditions different from those established in the regulations of use.

Article 152: Waiver of a registration for a collective trademark will be admitted only when requested in accordance with the terms of the articles of incorporation or by-laws of the entity itself or, further, in accordance with the regulations of use.

Article 153: Cancellation of the registration will be declared if the collective trademark is not used by more than one authorized person, without prejudice to those provisions of Articles 143 to 146.

Article 154: Collective trademarks and certification trademarks that have been used and the registration of which has become extinct cannot be registered in the name of a third party within  5 (five) years from extinction of the registration.

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Article 155: The application must refer to a single distinctive sign and, according to conditions established by INPI (BRAZILIAN PTO), must include:

1. Executed application form;
2. Prints, if applicable; and
3. Proof of payment of filing fee.

Sole Paragraph: The application and any of its attachments must be submitted in the Portuguese language and, whenever accompanied by a document in a foreign language, an informal translation thereof must be submitted at the time of filing of the application or within the following  60 (sixty) days under penalty of such document being of no effect.

Article 156: Once the application is filed, it will undergo a preliminary formal examination and, if in order, it will be authenticated, the filing date being considered that of its submittal.

Article 157: Applications not formally complying with the provisions of Article 155, but containing sufficient data regarding the applicant, the trademark and its classification, can be deposited with the INPI (BRAZILIAN PTO), against a dated receipt which will indicate the requirements to be met by the applicant within 5 (five) days, under penalty of being considered non-existent.

Sole Paragraph: Once such requirements are met, the filing will be considered as having been made on the date of submittal.

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Article 158: Once filed, the application will be published for opposition purpose within 60 (sixty) days.

§1 The applicant will be notified of any opposition and should file a reply within 60 (sixty) days.

§2 Oppositions, administrative and judicial cancellation proceedings based on item XXIII of Article 124, or Article 126 will be of no effect if proof of the filing of an application for registration of the trademark under this law is not provided within 60 (sixty) days after filing the opposition or cancellation proceedings.

Article159:Upon expiration of the opposition term or, if such has been filed, upon examination of the reply term, examination will take place on which occasion official actions may be issued and should be responded within 60 (sixty) days.

§1 Should no response be filed to an Official Action, the application will be shelved in final form.

§2 Once a response is filed, even if a requirement has not complied with,  or its formulation  has been contested, examination will proceed.

Article 160: Once the examination is concluded, a decision will be issued, allowing or denying the application for registration.

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Article 161: A certificate of registration will be issued upon allowance of the application and after proof of payment of issue fee is submitted.

Article 162: Payment of the fees and the respective proof regarding issuance of registration certificate and its first decennium must be effected within 60 (sixty) days counted from its allowance.

Sole Paragraph: Payment of such fees may still be effected and proved within  30 (thirty) days following the time period mentioned in this Article, regardless of notice, by payment of a specific fee, under penalty of the application being shelved.

Article 163: The registration certificate will be deemed to have been issued on the date of publication of the granting decision.

Article 164: The certificate will indicate the trademark, the number and date of the registration, owner's name, nationality and address, the products or services covered, the characteristics of the registration and the foreign priority, if any.

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Article 165: A registration is null if granted against provisions of this law.

Sole Paragraph: Nullity of a registration may be total or partial, it being a condition for partial nullity that the remainder portion be suitable for registration.

Article 166: The owner of a trademark registered in a country member of the Paris Convention for the Protection of Industrial Property Law can, optionally, claim adjudication of the registration, by judicial means under Article 6 (six) "septies"(1) of said convention.

Article 167: A declaration of nullity will produce effect as from the date of filing of the application.

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Article 168: Nullity of a registration may be administratively declared if same was granted in violation of the provisions of this law.

Article 169: A nullity procedure may be instituted ex-officio or on the request of any individual having a legitimate interest, within 180 (one hundred and eighty) days counted from the date of issuance of the registration certificate.

Article 170: The owner will be notified to file a reply within 60 (sixty) days.

Article 171: Upon expiration of the time period referred to in the preceding Article and, even if no response has been filed, the procedure will be resolved by the President of the INPI (BRAZILIAN PTO), thereby closing the administrative instance.

Article 172: Nullity proceedings will be continued even after extinction of the registration.

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Article 173: Judicial cancellation proceedings can be entered by the  INPI (BRAZILIAN PTO) or by any individual with a legitimate interest.

Sole Paragraph: The judge may, in the course of cancellation proceedings, grant an injunction to suspend validity of the registration and interrupt use of the trademark, provided that procedural requirements are properly complied with.

Article 174: The time limit to institute cancellation proceedings expires in 5 (five) years counted form the registration date.

Article 175: Cancellation proceedings  must be entered in Federal Courts and the INPI (BRAZILIAN PTO), when it is not a plaintiff, will participate in the litigation as an intervening party.

§1 The time period for reply by the defending owner of the registration is 60 (sixty) days.

§2 Upon rendering of a final court decision on a cancellation procedure, the INPI (BRAZILIAN PTO) will publish its conclusion for the benefit of third parties.

Article176: A geographical indication consists of an indication of provenience or a designation of origin.

Article 177: An indication of provenience is considered to be the geographical name of a country, city, region or locality of its territory, which has become known as a site of extraction, production or manufacture of a determined product or for a certain type of service.

Article 178: A designation of origin is considered to be the geographical name of a country, city, region or locality of its territory, which designates a product or service, the qualities or characteristics of which derive exclusively or essentially from its geographical environment, including natural and human factors.

Article 179: Protection is extended to the graphic or figurative representation of a geographical indication, as well as to the geographical representation of the country, city, region or part of its territory of which the name is a geographical indication.

Article 180: When a geographical name becomes of common use, in regard to a given product or service, it will not be considered as a geographical indication.

Article 181: A geographical name that does not consist in an indication of provenience or designation of origin may serve as a distinctive element of a product or service mark,  provided it does not induce into a false notion of provenience.

Article 182: The use of a geographical indication is limited to those manufacturers and service providers established in that location.  Compliance with quality standards in regard to designations of origin is further required.

Sole Paragraph: INPI (BRAZILIAN PTO) will establish conditions of registrations for geographical indications.

Article 183: A crime is committed against a patent of invention or a utility model patent by one who:

1. Manufactures a product protected by a patent of invention or a utility model patent, without authorization of the patentee; or
2. Makes use of means or process protected by a patent invention, without authorization of the patentee.

Penalty – detention of 3 (three) months to 1 (one) year, or penalty of a fine.

Article 184: A crime is committed against a patent of invention or a utility model patent by one who:

1. Exports, sells, displays or offers for sale, keeps in stock, conceals or receives,   for economic purposes, a product manufactured in violation of a patent of invention or of a utility model patent, or that is obtained by patented means or process; or
2. Imports a product that is protected by a patent of invention or of a utility model patent or is obtained by means or process patented in this country, for the purpose referred to in the preceding item, and that has not been placed on the external marked directly by the owner or with his consent.

Penalty – detention of 1 (one) to 3 (three) months, or payment of a fine.

Article 185: Supplying a component of patented product, or material or equipment for carrying out a patented process, provides that the final application of the component material or equipment necessarily leads to the exploitation of the subject matter of patent.

Penalty – detention of 1 (one) to 3 (three) months, or payment of a fine.

Article 186: The crimes under this Chapter are deemed to be committed even if the violation does not affect all of patent claims or if it is limited to the use of methods equivalent to those protected under the patent.

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Article 187: Manufacturing, without the authorization of the owner, a product that incorporates a registered industrial design, or a substantial imitation thereof that may lead to error or confusion.

Penalty – detention of 3 (three) months to 1 (one) year, or payment of a fine.

Article 188: A crime is committed against an industrial design registration by he who.

1. Exports, sells, displays or offers for sale, keeps in stock, conceals or receives, for economic purposes, an object that unlawfully incorporates a registered industrial design, or a substantial imitation thereof that may lead to error or confusion; or
2. Imports a product protected by an industrial design registration in this country, or a substantial imitation thereof that may lead to error or confusion, for the purposes provided for in the preceding item, and which was not placed on the external market directly by the owner or with its consent.

Penalty – detention of 1 (one) to 3 (three) months, or payment of a fine.

 

 

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Article 189: A crime is committed against the trademark registration by one who.

1. Reproduces a registered trademark in whole or in part, without authorization of the owner, or imitates it a manner that may lead to confusion; or
2. Modifies the registered trademark of a third party already used on a product placed on the market.

Penalty – detention of 3 (three) months to 1 (one) year, or payment of a fine.

Article 190: A crime is committed against a trademark registration by one who imports, exports, sells, offers or displays for sale, conceals or keeps in stock:

1. A product marked with an unlawful reproduction or imitation, in whole or in part, of a third party's trademark; or
2. A product from its industry or commerce, held in a vessel, container or package carrying a trademark legitimately belonging to a third party.

Penalty – detention of 1 (one) to 3 (three) months, or payment of a fine.

 

 

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Article 191: Reproducing or imitating crests, armorial bearings, or official public, national foreign, or international symbols, without authorization, in a manner leading to error or confusion in the context of a trademark;  a title of establishment; a trade name; an insignia or advertising sign, or, using such reproductions or imitations for economic purposes.

Penalty – detention of 1 (one) to 3 (three) months, or payment of a fine.

Sole Paragraph: The one who sells and diplays or offers for sale products designated by such marks are subject to the same penalty.

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Article 192: Manufacturing, importing, exporting, selling, displaying or offering for sale or keeping in stock a product that presents a false geographical indication.

Penalty – detention of 1 (one) to 3 (three) months, or payment of a fine.

Article 193: Using rectifying terms such as "type", "species", "kind", "system", "similar", "substitute", "identical", or the like, on a product, container, casing, belt, label, invoice, flyer, poster or any other means of disclosure or advertisement, without clearly stating the actual provenience of the product.

Penalty – detention of 1 (one) to 3 (three) months, or payment  of a fine.

Article 194: Using a trademark, trade name, title of establishment, insignia, advertising slogan or logo or any other form indicative of a source other than the actual one, or selling or displaying for sale a product carrying such signs.

Penalty – detention of 1 (one) to 3 (three) months, or payment of a fine.

 

 

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Article 195: A crime of unfair competition is committed by one who:

1. Publishes, by any means, a false statement, detrimental to a competitor, with intent to take advantage;
2. Provides or makes public false information in regard to a competitor with intent to obtain advantage;
3. Uses fraudulent means to divert, for their own or a third party’s benefit, someone else's clientele;
4. Uses another’s advertising expression or sing, or imitates it, in a manner to cause confusion between the products or establishments;
5. Unauthorized use of someone else's trade name, title of establishment or insignia or sells, displays or offers for sale or keeps in stock a product with such references;
6. Substitutes, with one's own name or company name, on someone else's product, the name or company name of such party, without due consent ;
7. Claims, as a means of advertising, having been granted a prize or distinction that was not awarded;
8. Sells, displays or offers for sale, in another’s container or package, a counterfit or falsified product, or uses it to do business with a product of the same type, even if not adulterated or falsified, should it not imply in a more serious crime;
9. Give or promises money or other utility to the employee of a competitor whereby that employee, in failing in his duty in his employment, provides the owner with some advantage;
10. receives money or other benefit, on accepts a promise of payment or reward, for in failing in one's employment obligations, to provide a competitor with some advantage;
11. Discloses, exploits or uses, without authorization, confidential techniques, information or data, usable in industry, commerce or in the providing of services, except for those of public knowledge or which are obvious to a person skilled in the art, to which he has had access by means of a contractual or employment relationship, even after the termination of the contract;
12. Discloses, exploits or uses, without authorization, knowledge of information as in the preceding item, when obtained directly or indirectly by unlawful means or to which one had access by fraudulent means;
13. Sells, displays or offers for sale a product which he declares to be the subject of a filed or granted patent or of a registered industrial design, when it such is not, or refers thereto, in a commercial announcement or paper, as having been filed or patented or registered, when such is not true; or
14. Advertises, exploits or uses, without authorization, the results of tests or other undisclosed data development which has involved considerable effort and has been presented to government agencies as a condition for approval of the commercialization of products.

Penalty – detention of 3 (tree) months to 1 (one) year, or payment of a fine.

§ 1 - The employer, partner or administrator of a corporation that perpetrates an act falling within the types of crime foreseen in items XI and XII of this Article are subject to the conditions referred to in such items.

§ 2 - The provisions of item XIV do not apply when such a disclosure is made by a government agency duly qualified to authorize commercialization of a product, deemed necessary to protect the consumers.

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Article 196: Those penalties of detention provided for in Chapter I, II and III of this Title will be increased by one third to one half if:

1. The party is or was a representative proxy, agent, partner or employee of the patent or registration owner or, further, of his licensee; or
2. The modified, reproduced or imitated trademark is renown, widely known or is a certification or collective trademark.

Article 197: Those penalties provided for under this Title will be fixed at on the basis of a minimum 10 (ten) and a maximum of 360 ( three hundred and sixty ) days, the fine shall be in the same fashion as provided for under the Criminal Code.

Sole Paragraph: The fine amount may be increased or reduced by up to 10 (ten) times depending of the agent and of the magnitude of the advantage obtained, independently of the provisions established in the previous article.

Article 198: The customs authorities, ex officio or at the request of an interested party, may seize, at the time of checking, any products carrying falsified, altered or imitated marks or a false indication of provenience.

Article 199: A lawsuit against crimes provided for in this Title will be brought through filing of a complaint, except in the event described in Article 191, in which case the criminal action will be public.

Article 200: Criminal lawsuits and temporary injunctions for search and seizure, in case of crimes against industrial property, will be regulated by the provisions of the Criminal Process Code, in combinations with the modifications introduced by the Articles of this Chapter.

Article 201: While executing a search and seizure judicial order, involving crime against a process patent, the bailiff will be accompanied by an expert who will verify the existence of the unlawful act, the judge being entitled to order   seizure of products obtained by the infringer using the patented process.

Article 202: Besides a temporary injunction for search and seizures, the interested party may request:

Article 203: In cases of legally existing and openly operating industrial or commercial establishments, any temporary injunction will be limited to inspection and seizure of product, if so ordered by the judge, it being not permitted to disrupt their lawfully performed business activity.

Article 204: Once a search and seizure injunction has been carried out, and, having the requested party started it in bad faith, moved either by rivalry, mere caprice or gross error,  such party will be liable for losses and damages.

Article 205: Allegations of nullity of a patent or registration on which judicial proceedings are based may constitute matter of defense in a criminal proceeding. Acquittal of the defendant, however, will not result in a cancellation of the patent or registration, which can only be requested by means of a specific proceedings before the court.

Article 206: In order to protect the rights of either party in court, information deemed confidential , such as, manufacture or trade secrets, are not to be disclosed, the judge shall rule that suit proceed in judicial secrecy, the other party being prohibited to use such information for any other purpose.

Article 207: Independently of the criminal litigation, the injured party can file civil suits deemed appropriate, under the code of Civil Proceedings.

Article 208: Compensation will be determined by the benefits that the injured party would have obtained had the violation not occurred.

Article 209: The injured party is entitled to receive loss and damages compensation for losses resulting from acts of  unfair competition of violation of industrial property rights and acts of unfair competition not foreseen in this law but which tend to tarnish someone's reputation or business or to generate confusion between commercial or industrial establishments or providers of services, or between products and services placed on the market.

§1 In order to avoid irreperable damages or damages difficult to remedy, the judge may grant, on the proceeding records, a temporary injunction determining for interruption of a violation or of an act leading to a violation, prior to citation of teh defendant, also demanding for posting of bail or fiduciary bond, if deemed   appropriate.

§2 In the case of obvious reproduction or imitation of a registered trademark, the judge may determine the seizure of all merchandise, products, objects, packages, labels and etc... bearing the falsified or imitated trademark.

Article 210: Loss of profits will be fixed following a criterion most favorable to the injured party, viz.:

1. The benefits that would have been obtained by the injured party should the violation had not occurred;
2. The benefits obtained by the perpetrator of the violation; or
3. The remuneration the perpetrator of the violation would have paid to the holder of the violated rights under a license which would have lawfully authorized the use of such rights.

Article 211: INPI (BRAZILIAN PTO) will process the recording of contracts regarding transfer of technology, franchising contracts and the like so that they may regard to third parties.

Sole Paragraph: A decision on applications for the recording of contracts referred to in this Article will be given within 30 (thirty) days counted from this application.

Article 212: Should there be no otherwise provisions, appeals can be filed from any decision provided for under this law, within a period of 60 (sixty) days.

§1 Appeals will be received with full stay, and all provisions pertinent to first instance examination shall apply.

§2 An appeal cannot be filed against a decision which determines the final shelving of an application for a patent or for a design registration nor from that which allows a patent application, a certificate of addition or registration of a trademark.

§3 Appeals will be decided by the President of INPI (BRAZILIAN PTO), thus ending the administrative instance.

Article 213: Interested parties will be notified to file counter-arguments to the appeal, within a period of 60 (sixty) days.

Article 214:For the purpose of complementing the arguments of the appeal brief, INPI (BRAZILIAN PTO) can make requirements, which should be met within the period of 60 (sixty) days.

Article 215: An appeal decision is final with no right to appeal in the administrative instance.

Article 216: The acts provided for in this law will be practiced by the parties or by their attorneys who should be duly qualified.

§1 Powers of attorney, in the form of an original, an official copy or an authenticated photocopy, must be in the Portuguese language, consular legalization being not required.

§2 The power of attorney must be filed within 60 (sixty) days counted from the practice of the first act by the party in the process, independently of notification or requirement, on pain or shelving of a patent application, for registration on an industrial design or an application for the registration of a mark being definitive.

Article 217: A person domiciled abroad must maintain permanently a duly qualified attorney resident in the country, with powers to represent him administratively and judicially, including for receiving summons.

Article 218: Petitions will not be recognized;

1. When presented after the legal deadline; or
2. When they are not accompanied by proof of payment of the respective fee having the value in force at the date of their presentation.

Article 219:Petitions, oppositions and appeals shall be of no effect:

1. If submitted after the expiration of the time period provided for in this law;
2. If lacking legal grounds; or
3. If unaccompanied by proof of payment of the respective official fee.

Article 220: The INPI (BRAZILIAN PTO) may use the opportunity of acts being carried out by the parties to issue official actions it may deem applicable.

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Article 221: Time limits provided for under this law are continuous, the right to carry out the act becoming automatically void upon expiration of such terms, unless the party proves it failed to do so for legitimate reasons.

§1 Legitimate reason is considered to be an unpredictable event, beyond control of the party, preventing the party from carrying out the act.

§2 If such a legitimate reason is confirmed, the party shall carry out the act within a time period to be granted by the INPI (BRAZILIAN PTO).

Article 222: Time limits are calculated with exclusion of the first day and inclusion of the final day.

Article 223: Time limits only start to count from the first working day following a notice to be published in the INPI (BRAZILIAN PTO).

Article 224: In situations not foreseen under this law, any act must be carried out within the time limit of 60 (sixty) days.

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Article 225: The right to institute legal proceedings pursuing the repair of damages caused to industrial property rights forfeits in 3 years.

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Article 226: Acts of the INPI (BRAZILIAN PTO) in administrative procedures regarding industrial property matters will only become effective upon publication in its official bulletin, except for:

1. Those which are not expressly subject to notification or publication by virtue of this law.
2. Administrative decisions when notification is made by mail or knowledge is give to the interested party.; and
3. Internal reports or instructions that need not be known by the parties.

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Article 227: Those classifications regarding the subject matters of TITLES I, II and III of this Law will be defined by the INPI (BRAZILIAN PTO), if not determined by an International treaty or agreement effective in Brazil.

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Article 228: Official fees will be charged for the services provided for under this law, the amounts and payment method thereof to be established by an act of the head offices of the federal public administrative entity to which the INPI (BRAZILIAN PTO) is subordinated.

Article 229: The provisions of this law will apply to all pending applications, except for the patentability of substances, matter or products obtained by chemical means or processes and food and chemical-pharmaceutical substances, matters, mixtures or products and medicaments of any type, as well as their respective processes of obtention or modification, which will only be patentable under those provisions, in Articles 230 and 231.

Article 230: A patent application may be filed to protect substances, matters or products obtained by chemical means or processes and food and chemical - pharmaceutical substances, matters, mixtures or products and medicaments of any type, as well as the their respective processes of obtention or by modification by any party entitled to such right under a convention effective in Brazil, the date of the first foreign filing being ratified, provided that its subject matter has not been placed on any market by direct initiative of the owner or by third parties with its consent, nor have third parties carried out, in this country, serious and effective arrangements for exploitation of the subject matter of the application or patent.

§1 Such application must be filed within 1 year from publication of this law and must indicate filing date of the first foreign application.

§2 Patent applications filed under provisions of this Article will be automatically published, any interested parties being entitle to intervene, within 90 days, as to whether those conditions defined under this Article have or not been met.

§3 Without prejudice to Articles 19 and 18 of this law, and those conditions established in this Article having been met, once an allowance of a patent in the country where the first application was filed takes place, the patent will be granted in Brazil, exactly in accordance with allowance in the country of origin.

§4 A patent granted under this Article will be guaranteed the remainder of the validity term in the country where the first application was filed, counted from the date of filing in Brazil, limited to the term defined in Article 40, the provisions of the Note thereof being not applicable.

§5 An applicant having a pending application covering substances, matters or products obtained by chemical means or processes and food and chemical-pharmaceutical substances, matters, mixtures or products and medicaments of any type, as well as the respective processes of obtention or modification, may file a new application, within the time period and under the conditions established in this Article, provided that proof of withdrawal of such pending application is submitted.

§6 Whenever appropriate, the provisions of this law will apply to applications filed and to patents granted in accordance with this Article.

Article 231: A patent application may be filed to protect the subject matters referred t in the preceding Article by a national or a person domiciled in the country, the date of disclosure of the invention being guaranteed, provided that its subject matter has not been placed on any market by direct initiative or of the owner or by third parties with its consent, nor have third parties carried out, in this country, serious and effective arrangements of exploitation of the subject matter of the application.

§1 Such an application must be filed within 1 year from publication of this law.

§2 Patent applications filed under provisions of this Article will be prosecuted in accordance with the terms of this law.

§3 A patent guaranteed under provisions of this Article will be guaranteed for the remainder of the valid term of 20 years counted from the date of disclosure of the invention, as from filing in Brazil.

§4 An applicant having a pending application covering the subject matters referred to in the preceding Article may file a new application, within the time period and under the conditions established in this Article, provided that proof of withdrawal of such pending application is submitted.

Article 232: Production or use, under provisions of the former legislation, of substances, maters or products obtained by chemical means or processes and food and chemical-pharmaceutical substances, matters, mixtures or products and medicaments of any type, as well as their respective processes of obtention of modification, even if protected by product or process patents in another country, under a treaty or convention effective in Brazil, may proceed under those same conditions existing prior to approval of this law.

§1 No retroactive or future collection of any indemnification under any allegation whatsoever will be permitted regarding products made or processes used in Brazil as referred to in this Article.

§2 Likewise, no collection will be permitted, along the lines with the preceding paragraph, in the event that substantial investments have been made for exploitation of a product or of a process, as referred to in this Article, during the time period preceding the enforcement of this law, even if such product or process is protected under a patent in another country.

Article 233: Applications for registration of advertising expressions and signs of propaganda, as well as for declarations of notoriety will be filed away whereas existing registrations and declarations will remain in force for their remainder validity terms, their renewal being not permitted.

Article 234: A priority guarantee, as provided for in Article 7^th of Law 5,772 of December 21^st, 1971, is awarded t the applicant throughout the time limit therefor provided.

Article 7^th A priority right can be guaranteed prior to filing of a patent application when the inventor intends to make any presentation or communication of the subject matter involved to scientific entities or a display thereof at an official or officially recognized exhibition center.

§1 Upon submittal of a priority guaranteed request, which must be accompanied by a circumstantial specification and drawings, if any, a filing receipt will be issued with its validity term being of one year for patents of invention and six months for patents of industrial models or designs.

§2 Under the conditions, and, for the purposes of this Code, the final patent application must be submitted within such time limits provided for, the filing date being that referred to in the preceding paragraph.

Article 235: All time limits in course provided for under law 5.772 of December 21^st, 1971 will automatically be designated as applications for registration of industrial design and for all legal purposes will be considered as published.

Article 236: Applications for industrial model and industrial design patents filed under provisions of Law 5.772 of December 21^st, 1971, will automatically be designated as applications for registration of industrial design and for all legal purposes will be considered as published.

Article 237: The provisions of Article 111 do not apply to applications for industrial model or design patents that have already been examined under provisions of Law 5.772 of December 21^st 1971.

Article 238: Appeals filed under provisions of Law 5.772 of December 21^st, 1971, will be decided pursuant to that law.

Article 239: The government is authorized to promote any changes deemed necessary in the INPI (BRAZILIAN PTO) will be free to:

1. Hire technical and administrative personnel by way of public competitive examination;
2. Establish salary scale for its employees, subject to approval by the ministry to which the INPI (BRAZILIAN PTO) is subordinated; and
3. Dispose of a basic structure and those internal regulations subject to approval by the ministry to which the INPI (BRAZILIAN PTO) is subordinated.

Sole paragraph:  Expenses resulting from provisions of this Article will be funded by the INPI (BRAZILIAN PTO) own financial resources.

Article 240: Article 2 of Law 5.648 of December 11^th, 1970, will be amended as follows:

Article 2: "The purpose of the INPI (BRAZILIAN PTO) is basically the enforcement of industrial property legislation in the National territory, taking into account its social, economical, judicial and technical functions, as well as to advise on the convenience of celebrating, ratifying or denouncing conventions, treaties, pacts and agreements regarding industrial property matters".

Article 241: The Judiciary is authorize to create special courts to resolve disputes regarding intellectual property matters.

Article 242: The Government will submit to the National Congress a bill of law aiming to achieve, whenever necessary, a conformation of this law with the industrial property policy allowed by other country members of the MERCOSUL ( SOUTH AMERICAN COMMON MARKET).

Article 243: This Law will be effective on the date of its publication in regard to those provisions in Articles 230, 231, and 239, and after 1 year following such publication in respect to its remainder Articles and provisions.

Article 244: Law 5.772 of December 21^st, 1971, Law 6.348 of July 7^th, 1976, Articles 187 to 196 of Decree-Law 2.848 of December 7^th, 1940, Articles 169 to 189 of Decree-Law 7.903 of August 1945 and other provisions to the contrary are hereby revoked.