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Brazil's IP protection not retroactive

A Brazilian law offering 20-year agrochemical patent protection cannot be applied retroactively. The national court, the STJ, found against DuPont in its case to invoke patent protection for an extra five years for its herbicide, chlorimuron. DuPont brought the case against the Brazilian company, Nortox (Rondonoplis), and the Ministry of Development’s national intellectual protection office, the INPI. DuPont argued that legislation passed in 1996 (Law 9279/96), extending patent protection to 20 years, could be applied to its patent for chlorimuron. Patent protection was previously governed by a 1971 law, which allowed 15 years’ protection.



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