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Lina Pimentel

Lina Pimentel
55 11 3147 2824 lina.pimentel@mattosfilho.com.br São Paulo – Paulista

Experience

Lina’s practice focuses on a wide range of environmental matters including contaminated sites, licensing, solid waste and ecosystem services. She is also a specialist and pioneer of ESG practices (Environmental, Social and Corporate Governance) in the Brazilian legal market. Lina has expertise in counseling leading companies in the Life Sciences industry on biodiversity, management of contaminated sites, water resources, climate change and environmental license matters, as well as on administrative and court proceedings that concern environmental matters.

 

She previously held a management position with Companhia Ambiental do Estado de São Paulo (CETESB),  and is currently Co-chair of the Environmental, Health and Safety Committee of the International Bar Association, a Coordinator of the Study Center for Brazilian Law Firms’ (CESA) Environmental Law Committee, and is a member of the Permanent Environmental Commission of the Brazilian Bar Association of São Paulo (OAB-SP).

Education

Bachelor of Laws – Universidade Paulista

Specialization in Environmental Law – Escola Superior de Direito Constitucional

Specialization in Sustainability – Fundação Dom Cabral

Recognitions

Análise Advocacia 500 – Environment (2011-2021), Banking (2017), Electric Energy (2019), Chemical and Petrochemical (2014, 2019-2021), Consumer Goods (2020), Machines and Equipment (2014, 2016), Pharmaceutical (2015), Real Estate (2014-2015), Regulatory (2020), Steel and Mining (2014), São Paulo (2014-2021)

Chambers Brazil (formerly Chambers Latin America) – Environment (2013–2021)

Euromoney Expert Guides: Women in Business Law – Environment (2017, 2020)

Latin Lawyer 250 – Environment (2020 – 2021)

The Legal 500 – Environment (2014 – 2022)

Who’s Who Legal Global – Environment (2017 – 2021); Environment – Climate Change (2021)

Who’s Who Legal Thought Leaders – Global Elite Environment (2020-2021); Brazil – Environment (2020 – 2021)

Who’s Who Legal Brazil – Environment (2018 – 2021)

Único. The Mattos Filho news portal

Authored publications

Mattos Filho in the media

With Lina Pimentel

Public Hearing on the Guidelines for Examination of Biotechnology Patent Applications

On February 6, 2019, the Brazilian Patent and Trademark Office (“BPTO“) published a notice in the Official Gazette, regarding an upcoming public hearing concerning to amend the Guidelines for Examination of Biotechnology Patent Applications (“Public Hearing“). The Public Hearing will be open until April 6, 2019.

The Public Hearing focuses on proposals to amend the current guidelines contemplated by BPTO Resolution No. 144/2015 and seeks to offer a more consistent and certain examination of biotechnology patent applications. In addition to clarify the current wording, the BPTO has included some significant changes in the updated Guidelines. Among other thingsthe proposal seeks to: 

  • Adds new sufficiency description requirements for patent applications, specifying what will not be deemed undue experimentation, including in case of applications for amino acid and/or nucleotides sequence listings.(Section 2.2);  
  • Adds the definition of “human or animal body” to the non-patentable section in order to include every development stage from embryo to adult forms (Section 4.1);
  • Further explain how to describe biological sequences for inventions that depend on amino acid or nucleotide sequences. It also clarifies that a DNA or an RNA are defined by their nucleotide sequence, whereas a protein is defined by its amino acid sequence. (Section 6.1);
  • Modify how to identify the percentage of similarity between two protein sequences. Under the new Guidelines, instead of a sum, a ‘calculation’ should take into consideration identic and similar matches of protein sequences (Section 6.2);
  • Establish circumstances in which antibodies and their development are deemed natural, and, therefore, non-patentable, in accordance with the Brazilian Intellectual Property Law (Law No. 9,279/1996). (Section 6.4.6);
  • Modify the definition of stem cells and clarify that there is no legal obstacle to granting patents to products, development processes, and applications of human embryonic stem cells, pursuant the opinion issued by the Specialized Federal Attorney’s Office connected to the BPTO (Section 7.1);
  • Introduces a section dedicated to genetic use restriction technologies and the prohibition from patenting any processes of human intervention to generate/ multiply genetically modified plants in connection with plant’s sterility, provided in the Biosecurity Law (Law No. 11,105/2005).  (Section 7.4); 
  • Modify the section concerning patent applications involving components of the national genetic heritage in compliance with  Law No. 13,123/2015 which establishes conditions for the granting of intellectual property rights on end products or reproductive material obtained by means of access to genetic heritage or traditional knowledge prior to registration or authorization by the Genetic Heritage Management Council. (Section 8).

In summary, the amended Guidelines propose to better clarify he BPTO’s views on Biotechnology and to keep up to date with current technology and legislation.

Suggestions should be submitted by email in Portuguese to saesp@inpi.gov.br. We are available to assist you should you wish to participate in the public hearing.

Memorandum to Clients – Environmental | New rules regarding contaminated areas in the State of São Paulo

On February 10, 2017, three important rules concerning contaminated areas in the State of São Paulo were published: Resolution No. 10/2017 and Resolution No. 11/2017 enacted by the Environmental Secretariat for the State of São Paulo – SMA and Board Decision No. 38/2017/C enacted by the Environmental Agency for the State of São Paulo – CETESB.

Resolutions 10/2017 and 11/2017 list thirty six (36) activities that are more likely to cause contamination, which are all identified as such in the Code for the National Classification of Economic Activities1. In addition, it identifies four (4) priority regions for detecting contamination in the City of São Paulo, namely: Barra Funda, Mooca, Chácara Santo Antônio and Jurubatuba.

Accordingly, entrepreneurs who carry on any of the 36 activities and operate in one of the priority regions must prepare a technical study called “Preliminary Assessment and Confirmatory Investigation” within one hundred and eighty (180) days of being requested to do so by CETESB.

Board Decision No. 38/2017/C revokes most of the regulations concerning contaminated sites, updating CETESB internal regulations and aligning them with other rules2 concerning management of contaminated sites. It also approves new procedures for soil and groundwater quality protection, reviews the procedures for management of contaminated sites and defines standards for management of contaminated sites within environmental licensing proceedings.
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1 In Portuguese, it is called “Classificação Nacional de Atividades Econômicas (CNAE)”.

2 Particularly State Law No. 13.577/2009 and State Decree No. 59.263/2013.

For further information, please contact:
Lina Pimentel Garcialpg@mattosfilho.com.brT +55 11 3147 2824
Luiz Gustavo Bezerralgbezerra@mattosfilho.com.brT +55 21 3231 8293
Rafael Fernando Feldmannfeldmann@mattosfilho.com.brT +55 11 3147 7701

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