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Basic Patent Law in Brazil, and Recent Developments

Abstract

The largest country in South America by both geography and population, Brazil was discovered by Portuguese explorers in 1500. It remained a colony of Portugal until 1822, when Brazil declared its independence from Portugal. Initially, Brazil was constituted as an empire, but finally adopted a republic form of government in 1889. Since its formation as a republic, Brazil's political and governmental structure has been the subject of significant upheaval, with the country's military maintaining political control of the country for a substantial amount of time since 1889. Including the constitution put in place as part of the creation of the Empire of Brazil, the country has had a total of seven constitutions since its independence. In 1988, Brazil transitioned from military rule to a democratically-elected civilian government. That same year, the country adopted a new constitution which provides the foundation for its current legal and political institutions. This transition to democratic rule, along with the adoption of a new constitution, laid the political and legal foundation for Brazil's emergence as one of the world's largest and fastest-growing economies.

Author

Russell Boltwood
Lawyer, Innovative Interfaces, Inc., USA

Legal Adviser and Corporate/Business Development Executive with Substantial Experience in All Facets of Commercial, Compliance, Corporate, Data Privacy/Internet, Employment, Intellectual Property, International, Litigation Management, Securities, Technology Licensing, Transactional and Venture Capital/Private Equity Matters.

Company

Innovative Interfaces, Inc.

AREAS OF CONCENTRATION: • Commercial, Intellectual Property (IP), Technology and Licensing Legal Issues: Extensive Experience with Respect to Commercial and Intellectual Property Legal Issues, Including Inbound and Outbound Licensing and Commercial Services Agreements, Patent Development, IP Portfolio Management and IP Litigation Management. • Venture Capital/IPO/M&A: Advise Emerging Firms on VC Fundraising, Including Deal Negotiations and Definitive Agreement Drafting. Have Led Legal Aspects of One Successful NASDAQ IPO and Two Secondary Public Offerings. Negotiated and Managed 9 Major Multi-Jurisdiction Transactions Valued Between $10M and $145M; Managed Transactions from Inception through Final Integration. • Corporate Governance/SEC Reporting: Highly Knowledgeable in All Aspects of Pre-Public and Post-IPO Corporate Governance Issues, Including BOD Management Issues and Best Practices, SEC Reporting and Exchange Compliance. • Transnational Legal Experience: Deep International Legal Experience in Pacific Rim Countries, with Extensive Financial, Legal and Business Contacts throughout the Region. The companies and clients I work with range from emerging, venture-backed enterprises and family offices to well-known Fortune 500 firms. Most of my professional experience has been with technology companies, but I have also worked extensively with companies in the banking, consumer discretionary, light manufacturing and retail sectors as well. While the majority of my clients are located in the United States, the companies and clients I work with also come from a variety of other countries, primarily in the Pacific Rim region.

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