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December 10, 2012
Intellectual Property Dispute
The legal system in Brazil differs somewhat from the United States and other countries, which incorporates intellectual property law, patent infringement and copyright legislation. In 1955, the country became part of the World Trade Organization (WTO), which means intellectual property laws are enforced in Brazil according to the organization’s requirements.
Copyright can be registered in Brazil with their patent office as well as the Brazilian National Library but will be instituted for only 70 years past the creator’s death and 50 years if it is a software product.
For businesses attempting to build a company or product within this country, executives must establish contact with the Brazilian Trademark and Patent Office, as it holds all industrial property rights including invention patents, trade designs, utility models, and trademarks.
The seed company Monsanto Co. is currently appealing to a state court in Brazil regarding its intellectual property rights, according to Bloomberg BusinessWeek. The Court of Justice in Mato Grosso has stated that collection in the country can resume for the company.
“This action reinforces our confidence in our ongoing legal position and highlights that the company’s first-generation Roundup Ready soybean products are protected by various intellectual property rights under Brazilian law,” Todd Rands, Monsanto legal director for Latin America, said in a statement.
The issue at hand was based on grower’s concern that the patent on the Roundup Ready soybeans had allegedly expired in 2010, which stopped their requirement to pay Monsanto a fee for these particular seeds. However, the company claimed that the Brazil legal system had extended the patent until 2014.
Businesses that need assistance with intellectual property rights when completing transactions within Brazil should consider consulting experienced attorneys from a Brazilian law firm. These professionals know the ins and outs of laws in Brazil and will represent any company effectively in court.
October 31, 2012
Monsanto and Local Growers Dispute
Earlier this month, a Brazilian appellate court upheld an injunction requested by Brazilian growers against Monsanto Company, an agricultural technology company and owner of the well-known Roundup brand. While Monsanto is currently appealing the decision, it has halted the collection of royalty payments from Brazilian growers on its Roundup Ready soybean products.
At the heart of the dispute are the intellectual property rights of Monsanto, which believes that Brazilian law dictates that it should receive royalties through 2014. Meanwhile, local growers believe that the patent expired in 2010. Contingent upon a forthcoming decision from an appellate court, Monsanto may be required to repay royalties stretching back to 2011. Since 2005, Brazilian farmers have been charged a 2 percent fee on their Roundup Ready soy product sales, according to the journal Nature.
In a Bloomberg Businessweek piece analyzing the impact of the decision on Monsanto stockholders, financial experts noted that for the fiscal year 2013, approximately 20 cents per share of earnings could be at risk, leaving some investors nervous.
“Today’s events will have to cause investors to consider the potential impact of an earnings hit in 2013,” said Jason Dahl, who co-manages a mutual fund that includes Monsanto shares. “They have a good track record of defending their patents historically.”
The history of Monsanto’s products in Brazil
In 2005, Brazilian lawmakers finally allowed for the use of genetically modified crops, which allowed soy farmers to legally use these products, including those produced by Monsanto. Prior to that decision, many soy farmers had used genetically modified crops smuggled across the Argentinian border, and since the ban on those products was not actively enforced, soy production trailed only the United States as of 2005, according to an Environmental News Network piece.
As the Brazilian court system nears closer to a resolution, this case serves as a reminder for any foreigner or abroad organization with legal interests in Brazil that a leading Brazilian law firm should be counseled whenever there is a possibility of an intellectual property dispute.
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