As you probably know, in Brazil patents are being issued for a 15 year term as from its filing date. Article 33 of the TRIPS agreement, however, provides that patents should be granted for a 20 year term. Therefore, considering that according to the understanding of the Brazilian Intellectual Property Association - ABPI, TRIPS should be applicable in Brazil as from January 1, 1995, in view of the way in which it was enacted, there is a possibility of contesting at courts the Patent Office's practice attempting to obtain the extension of the patent for five more years. According to another legal theory, however, TRIPS should be applicable in Brazil as from January l, 1996, as the first paragraph of article 65 thereof would be automatically applicable internally.

Anyway, at least since January 1, 1996, we may contest the Patent Office's orientation at courts by means of a writ of mandamus which, in case of interest, must be submitted within 120 days counted from the publication of the issuance in the Official Gazette, or thereafter through a regular ordinary action. The advantage of the writ of mandamus is that it is a swifter procedure.

Besides, there is a possibility of also extending for five years the terms of patents issued before January 1, 1995, or January 1, 1996, but still in force, under the provisions of article 70.2 of TRIPS which should be applicable to all subject matter existing at the date of application thereof.