QUESTIONNAIRE
Module 3: IPR in Brazil for EU SMEs
1. According to the Global Innovation Index, Brazil:
a) Is one of the top 5 countries for innovation in the world in terms of Innovation inputs.
b) Is a weak country in terms of high-tech and medium-high-tech outputs.
c) Has one of of the 20 top start-up ecosystems in the world.
2. INPI (Instituto Nacional da Propriedade Industrial) is competent:
a) For the registration of the whole range of Intellectual IP Rights.
b) For the registration of the whole range of Intellectual IP Rights, except Plant Varieties and Copyright.
c) For the registration of Trademarks, Industrial Designs, Integrated Circuit Designs, Geographical Indications, Appellations of Origin, Patents and Utility Models.
3. Among the International Treaties:
a) Brazil has ratified most of them, but there are pending provisions regarding priority and many rights’ duration that have not been included in the National regulation yet.
b) Brazil ratified the UPOV 91 Convention for Plant Varieties protection
c) Brazil is part of the PCT, but it has not a contracting party to the Madrid System (Trade Marks), nor The Hague Agreement (Designs)
4. Which of these statements is correct?
a) Copyright protection in Brazil is acquired by the registration of the work.
b) Copyright protection in Brazil is acquired by the mere creation of the work.
c) Copyright protection in Brazil is acquired by the mere creation of the work, but it is recommended to register it in order to enforce it.
5. What is the duration of a copyright work created by a natural person?
a) 60 years from the date of publication.
b) All the lifetime of the author and 60 years after his/her demise.
c) All the lifetime of the author and 70 years after his/her demise.
6. When registering an Intellectual Property Right:
a) Foreign applicants must always appoint a local legal representative.
b) Foreign applicants need to appoint a local legal representative except for Copyright works registration.
c) Foreign applicants do not need to appoint a local legal representative, except for computer programs registration.
7. According to Brazilian regulation, the duration of a Patent is:
a) 20 years from the filing date.
b) 20 years from the granting date.
c) 15 years from the filing date.
8. Which of these statements is correct?
a) Surgery and diagnostic methods applied to human body cannot be registered as patents.
b) Plant varieties can be patented, because of they are considered as genetically modified microorganisms.
c) Plants can be patented as long as they are new, imply an inventive step and are subject to industrial applicability.
9. If an invention is disclosed before the patent application date:
a) It would be rejected for lack of novelty.
b) It could be patented, provided that it was disclosed by the inventor within the previous 12 months.
c) It could be patented, as long as the disclosure took place in a PCT signatory country.
10. What can be registered as Industrial Design?
a) Materials.
b) Function features.
c) None of the above.
11. Industrial Design protection lasts:
a) 10 years from the filing date.
b) 25 years from the filing date .
c) 10 years from the filing date, with the possibility to renew it for 3 additional periods of 5 years.
12. What type of trademarks can you register in Brazil?
a) Word, figurative and combined trademarks.
b) Any sign capable to be graphically represented.
c) Word, figurative and combined trademarks, plus threedimensional trademarks, but not other non-conventional trademarks.
13. If you want to register your trademark in Brazil to protect products in different classes from Nice Classification…
a) You just need to file a single trademark application.
b) It is not possible to protect products from different classes under the same trademark.
c) You can apply for a one-class trademark registration for each class of products intended to protect.
14. The duration of a trademark in Brazil is:
a) 10 years from the filing date.
b) 10 years from the filing date, but it can be indefinitely renewed for consecutive ten-years periods.
c) 10 years from the date of granting, but it can be indefinitely renewed for consecutive ten-years periods.
15. How can be a trademark registered:
a) In person and online.
b) In person, online or by post.
c) In person only.
ANSWERS TO QUESTIONNAIRE M03 (BRAZIL)
Question Number / Right Answer1 / C
2 / B
3 / C
4 / C
5 / C
6 / B
7 / A
8 / A
9 / B
10 / C
11 / C
12 / C
13 / C
14 / B
15 / B