Internal Agreement 01-2026, issued by the Registry of Intellectual Property (RPI) on January 8, 2026, regulates the use of notifications through the Official Bulletin of the Intellectual Property Registry (BORPI) as a supplementary mechanism in administrative intellectual property procedures.
This agreement seeks to address a recurring issue in the processing of files: the impossibility of carrying out personal notifications when the address provided by the applicant is non-existent, inaccurate, or materially unlocatable. In this sense, the use of BORPI as a means of notification aims to avoid stagnation and ensure administrative continuity.
However, the Agreement significantly reinforces the duty of diligence on the applicant or file holder, establishing that notifications made through BORPI will have full legal effect two (2) days after their publication.
While the mechanism seeks administrative efficiency, its practical application requires special caution. It is essential for the Registry to leave express and duly reasoned records in each file of the circumstances justifying the impossibility of personal notification, in order to prevent challenges regarding the validity of the administrative act and potential impacts on the right of defense.
This Agreement makes it indispensable for applicants to provide clear, accurate, and fully identifiable notification addresses, as well as to keep such information updated throughout the administrative process. Omission or neglect in this regard may result not only in delays but also in the loss of procedural opportunities without personal notification.
In conclusion, Internal Agreement 01-2026 represents an operational shift in the management of intellectual property files before the Registry, promoting administrative continuity while increasing the level of risk for applicants regarding notifications. It is advisable to strengthen internal controls and to monitor BORPI publications periodically.