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Hastings International and Comparative Law Review

Authors

John Giust

Abstract

Brazil promulgated a new Industrial Property Code in 1996 that significantly changed its patent law. In this Article, Mr. Giust compares the Brazilian statute to patent law in the United States. Through detailed analysis, the Article shows that despite the vastly different economic and social needs of both nations, the recent changes have actually brought the two patent systems closer together. As the author argues, this trend toward convergence reflects the two nations' commitment to the TRIPs Agreement, and to that extent, strongly supports the view that global patent harmonization is possible.

This Article's comparative analysis covers numerous aspects of the two patent systems. It first lays the foundation from a systemic, as well as constitutional, perspective. It then compares and contrasts the various procedures and requirements of patent protection under both systems, including patent eligibility, patentability requirements, ownership and assignment rights, compulsory licensing, as well as registration requirements. Finally, it analyzes the use of injunctions, compensatory damages, seizures of goods, and criminal penalties as means to enforce patents under the two systems. Through careful consideration, the author shows that the patent laws of the United States and Brazil, despite some significant differences, have a number of important similarities.

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