IDS Participates in the 45th International Congress of the Brazilian Intellectual Property Association

IDS Participates in the 45th International Congress of the Brazilian Intellectual Property Association

From August 17 to 19, 2025, the Dannemann Siemsen Institute (IDS) took part in the 45th International Congress of the Brazilian Intellectual Property Association (ABPI), held in São Paulo. The event, whose central theme was “Collaboration in the Age of Intelligence”, discussed the opportunities and challenges of Intellectual Property (IP) in light of the advancement of Artificial Intelligence (AI) and other disruptive innovations.

IDS participated as an institutional supporter, with its own booth, and was represented by its Executive Director, Filipe Fonteles Cabral – who also served as one of the scientific coordinators of the congress – its Academic Coordinator, Patricia Porto, and its Administrative Supervisor, Michelle Brum.

At the booth, IDS welcomed several participants, who had the opportunity to learn more about the institute’s work and projects, including publications, webinars, seminars, lectures, courses, and other initiatives aimed at disseminating IP education in the country.

The opening ceremony took place on Sunday (08/17), led by ABPI President Gabriel Francisco Leonardos, who highlighted the Association’s initiatives over the past year and presented its institutional plans for the second half of 2025. Following this, Prof. Dr. Ryan Abbott delivered a keynote lecture on the impact of generative AI on legal and regulatory systems. He stressed the urgency of AI regulation, mentioning that jurisdictions such as the European Union are already advancing in regulatory frameworks, while countries like the United Kingdom are still at the public consultation stage. Abbott warned of risks associated with the misuse of technology, such as deepfakes and disinformation, stressing the importance of balancing innovation and responsibility.

The speaker also presented landmark cases on copyright issues related to AI training and outputs generated by this technology. He further addressed the global debate on authorship and ownership of creations made with AI assistance, such as in the DABUS case, explaining that the prevailing understanding is that only human beings can be considered authors. However, he pointed out positions that admit legal protection for creations developed with minimal, yet existing, human intervention.

On Monday (08/18), the Plenary Session “Intellectual Property Strategic Plan” brought together Júlio César Castelo Branco Reis Moreira, President of the Brazilian Patent and Trademark Office (BPTO); Gonzalo Rovira, Director of IP and Licensing for Latin America at Bayer; and Miguel Campo Dall’Orto Emery de Carvalho, General IP Coordinator at the Ministry of Development, Industry and Trade (MDIC).

Júlio Moreira presented an overview of BPTO’s activities and projects, such as the pilot program for outsourcing patent searches, AI-based initiatives to increase service efficiency, and public consultations on new guidelines, including those related to chemistry and AI systems. He highlighted measures to improve efficiency in the examination and granting of IP rights, noting that the current average examination time is 18 months for trademarks and 4 years for patents, with the goal of reducing them by 2026 to 1 month and 2 years, respectively. He acknowledged, however, that due to the high volume of filings and the shortage of examiners, the target for trademarks may take longer to achieve. To meet these objectives, he emphasized the need for amendments to the Industrial Property Law (LPI), technological modernization, and restoration of the Institute’s budget and staffing levels.

Next, Gonzalo Rovira highlighted the relevance of legal certainty as a pillar of innovation in agricultural biotechnology. According to him, the high costs and lengthy regulatory approval timelines for new products can become bottlenecks to innovation. Nonetheless, he noted that Brazil has favorable conditions to consolidate itself as an international reference in the sector, already occupying second place worldwide in the production of seeds developed through biotechnological techniques.

Representing the MDIC, Miguel de Carvalho stressed the importance of aligning IP policy with the demands of the productive sector and society, continuing the actions of the National IP Strategy (ENPI), now in its third phase (2025–2027). He emphasized, among other measures, initiatives for IP education, anti-piracy enforcement, and the promotion of sustainability as a driver of public policy.

The panel “Major Issues in IP Litigation”, moderated by Dannemann Siemsen partner Luiz Henrique O. do Amaral, featured Judge Eduardo Azuma Nish, who addressed criteria for calculating damages in infringement actions, and Ling Wu, IP Director at Huawei, who discussed the impacts of CADE’s decisions on disputes involving standard-essential patents.

The table topic “Patents for AI-Generated Inventions: Where Are We and Where Are We Headed?” discussed patent drafting strategies and legal aspects related to authorship and ownership. The session, moderated by Dannemann Siemsen partner Marc Hargen Ehlers, included the participation of partners Filipe Fonteles Cabral and Maria Moura Malburg, as well as attorney Victor Palace from the U.S. law firm Finnegan.

Another highlight was the table topic “Counterfeiting and Parallel Importation and Their Impacts on IP in the Pharmaceutical Sector”, moderated by Isabel Cristina Raupp Pimentel of Interfarma, with the participation of Dannemann Siemsen partner Gustavo de Freitas Morais; Andrey Lucas Macedo Corrêa, Executive Secretary of the National Council for Combating Piracy and IP Crimes; and Felipe Chiattone Alves, Director at Interfarma.

The congress also promoted debates on topics such as: IP and AI; innovation, R&D and AI; the growth economy; the impacts of “dupes” on IP; strategies to fight infringement; employee inventions; new BPTO regulations on acquired distinctiveness and well-known trademarks; subsequent innovation patents; IP and inclusion; startups and IP; SACI-Adm and strategies for accessing rights holders’ registration data, among others.

Among IDS’s activities at the booth, a highlight was the book launch cocktail for its Executive Director, Filipe Fonteles Cabral, held on August 18. The book, entitled Artificial Intelligence and Patents: Foundations, Inventorship, and the Enterprise Theory”, is the result of the author’s doctoral dissertation at UERJ. The work addresses the historical origins of patents, their philosophical foundations and economic justifications, and analyzes legal requirements and issues such as inventorship designation. The research proposes the Enterprise Theory, which seeks to reframe the focus of legal incentives, provide legal certainty, and promote ethical principles in AI-based inventive endeavors.

The congress brought together experts, authorities, and professionals in the field, consolidating itself as one of the main forums for discussion on innovation, technology, and intellectual property at both the national and international levels.

Further information on the event can be found at: ABPI Congress 2025

Note: For quick release, this English version is provided by automated translation without human review.