The Public Administration's acts, in particular, the ones
practiced by the Brazilian Patent and Trademark Office (BPTO), are
subject to the requirements of reliability and coherence, based on
the principles of legal stability, good faith and the Doctrine of
Legitimate Expectations. Accordingly, the BPTO can neither
contradict its own acts/omissions with dissenting positions taken
in similar pending applications cases, nor abruptly and without
relevant justification review its previous positions.
The idea of precedence and the need to respect the legitimate
expectations created by past behaviors/decisions is paramount for
ensuring the validity of every subsequent acts and decisions issued
by the Public Administration. This is the foundation for the
legitimate expectation that public acts and policies are in
accordance with the laws. It also provides stability, which is the
cornerstone of the reliability of the Public Administration.
Originally published in IAG June Newsletter
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