NEWS AND PUBLICATIONS
Brazilian Supreme Court to Decide on Term of Validity for Patents
by Renato Malafaia | Jun 25, 2019 | Articles, Intellectual Property, Legal, Litigation, Patents
A pending lawsuit challenging the legal provision establishing that patents in Brazil should be in force for the longer of 20 years from the filing date or 10 years from the date of grant was initially scheduled to be decided on May 26, 2021. On February 24, however,...
“Not totally prepared” – Brazilian Senate approves Madrid Protocol, but concerns raised over IP office readiness
by André Oliveira | Jun 4, 2019 | Articles, Intellectual Property, Trademarks
The Brazilian Senate has approved Brazil’s accession to the Madrid Protocol The international trademark system is expected to start operating in October Experts tell WTR that news is positive, but IP office has a lot to do before accession Over a decade after...
The liability of shop owners
by Paulo Armando | Jun 3, 2019 | Articles, Intellectual Property, Trademarks
Recent court rulings in Brazil should bring comfort to trademark owners, as Paulo Armando Innocente de Souza and Rafaella Gonçalves Franco of Daniel Law report. “Such landlords usually hide behind arguments that they are only a marketplace and therefore not...
Brazilian consumers go online, so do infringers
by Robert Daniel-Shores | Jun 3, 2019 | Articles, Intellectual Property, Trademarks
Each year more Brazilians engage with e-commerce, and Brazil has taken the position of 4th largest internet market globally, representing 42% of all B2C e-commerce in Latin America. With Brazilian consumers and social commerce becoming one of the main trends, it is...
Madrid protocol: The road to Madrid
by Robert Daniel-Shores | Jun 3, 2019 | Articles, Intellectual Property, Trademarks
Final discussions are underway for Brazil’s joining of the Madrid Protocol, and here is what you need to know, says Robert Daniel Shores of Daniel Law. Brazil is taking the final steps in the road to joining the Madrid Protocol. The House of Representatives approved...
Performing trademark clearance searches without local experts can lead to problems
by Lívia Helayel | Jun 3, 2019 | Articles, Intellectual Property, Trademarks
Performing trademark clearance searches should always be the first step before filing a trademark application, as it is an effective measure to prevent legal risks before launching a brand. A few years ago, these searches were solely performed by experts in...
How to protect therapeutic methods in Brazil
by Kene Gallois, Samantha Salim | May 31, 2019 | Articles, Chemistry, Life Sciences, Patents
Brazil’s patent law does not allow methods of treatment to be patented, but there are other means of getting protection, according to Kene Gallois and Samantha Salim of Daniel Law. “It is possible to draft therapeutic method claims into Swiss-type format in order to...
Q&A about the status of the Brazilian General Data Protection Law (LGPD)
by Daniel Law | May 31, 2019 | Articles, Brazil, Digital, Technology
1. What is the status of the Brazilian Data Protection Law? The Brazilian General Data Protection Law, also known as LGPD, was approved in August 2018. At that time, the creation of the Data Protection Authority was vetoed by President Michel Temer due to a formality...
Accelerating patent examination in Brazil
by Gustavo Sartori | May 23, 2019 | Articles, Intellectual Property, Mechanics, Patents
One of the major concerns about Brazilian patent system has been the time for obtaining patent protection or, in other words, the backlog. In 2015, the time an applicant had to wait for receiving a grant notice was around ten years from filing, on average, and,...
IP law: Brazil’s law must catch up with inventions
by Rana Gosain | May 18, 2019 | Articles, Mechanics, Patents, Prosecution, Technology
Will emerging technologies urge Brazil to rethink its IP laws? Rana Gosain of Daniel Law explores the issues around patents and software-related inventions. Over the last two decades, there have been significant advances in technology. Many of these technologies are...
Doing IP Business in Brazil
by Daniel Law | May 17, 2019 | Copyright, Franchising, Industrial Design, Patents, Trademarks
Do you want to expand your business in Brazil? "Daniel has always sought to accompany its clients, especially in the strategic issues of their business, and this is why I am very honored to present our first edition of Doing IP Business in Brazil. On the following...
Daniel Law hosted event to discuss practical aspects related to the Brazilian General Data Protection Law
by Renato Malafaia | May 15, 2019 | Articles, Brazil, Digital
On May 8th the Daniel Law office hosted an event regarding the main aspects of the Brazilian General Data Protection Law (LGPD), the methodology for the compliance plan regarding the Law that will take effect in August 2020, the practical issues in choosing of a Data...
Artificial Intelligence: insights from the first meeting of the Daniel Research Group
by Daniel Law | Apr 15, 2019 | Digital, Technology, Technology
The perspective of creativity and innovation for technological purposes has always existed in society, respecting its capabilities and delimitations over the decades, ranging from the invention of the wheel to Artificial Intelligence, which is our main subject at...
New E-Commerce Rules in Brazil
by Daniel Law | Mar 20, 2019 | Contracts, Internet, Technology
Hannah Vitória Macedo Fernandes Fabiana Mascarenhas The E-Commerce Brazil Group recently released the information that 75 countries, including the United States, China, Brazil and the entire European Union, have begun negotiations on global e-commerce regulation....
Brazil’s DPA: It isn´t over until the referee whistles
by Robert Daniel-Shores | Feb 21, 2019 | Articles, Digital, Technology
Daniel Law partner Robert Daniel-Shores in São Paulo examines the road ahead for Brazil’s new data privacy watchdog Much is being said about Brazil´s new omnibus data protection legislation, known as the LGPD, which was finally approved in August 2018. The LGPD is...