NEWS AND PUBLICATIONS
The Permanent War
by Roberto Ribeiro | Feb 21, 2021 | Articles, Intellectual Property, Patents
“Whoever is first in the field and awaits the coming of the enemy, will be fresh for the fight; whoever is second in the field and has to hasten to battle will arrive exhausted (“The Art of War”, Sun Tzu). [i] Sun Tzu or General SunTzu was a Chinese General well-known...
ANVISA publishes manuals for examination and prior approval of patent applications
by Samantha Salim | Feb 21, 2021 | Articles, Brazil, Life Sciences, Patents, Pharma, Prosecution
The National Agency for Sanitary Surveillance (ANVISA), the Brazilian FDA, published last Thursday (November 19, 2020) four manuals related to examination and prior approval of patent applications. The main purpose of these manuals is to provide clear and objective...
2020 is here and so is Brazil’s new franchising law
by Antonio Curvello | Feb 21, 2021 | Articles, Contracts, Franchising
On December 26, 2019, President Bolsonaro enacted Law no. 13.966/19, the new Brazilian Franchise Law (BFL), which revoked and replaced the former 1994 franchise law (Law no. 8.955/94). Although no groundbreaking change was made in the Brazilian franchising system, the...
How does the EU’s new copyright directive compare with Brazilian Law?
by Antonio Curvello | Feb 21, 2021 | Articles, Copyright
On March 26, 2019, the European Parliament voted in favor of the new EU Copyright Directive in the Digital Single Market. As 73% of young European internet users listen to music, watch TV series and films or play games online[1], one of the Copyright Directive’s...
Startups and the first year of the adoption of the Madrid Protocol in Brazil
by Cecília Delgado | Feb 21, 2021 | Articles, Brazil, Intellectual Property, Trademarks
With the coronavirus pandemic devastating the global economy, many companies have reduced their daily operations or part of them, declared temporary closures, or permanently shut down their doors. However, at the same time, new companies are showing up and considering...
Significant developments for design protection in Brazil (and more to come)
by Robert Daniel-Shores, Diogo Netto | Feb 21, 2021 | Articles, Brazil, Industrial Design, Intellectual Property, Legal & IP Strategy
It is not uncommon to hear that design protection is often underestimated or even forgotten compared to other forms of IP, like trademarks, patents, and copyright. In Brazil, that seems to be the case when you compare the average of 6,000+ design applications filed...
The Coronavirus and 3D Printing
by Rafael Salomão, Diogo Netto | Feb 21, 2021 | Articles, Industrial Design, Patents
During the pandemic caused by COVID-19, the additive manufacturing production method popularly known as "3D printing", which consists of a production method whereby successive layers are placed on a given material and which has rapidly increased in use over the last...
Protecting and enforcing design rights: Brazil
by Diogo Netto, Rana Gosain | Feb 21, 2021 | Articles, Industrial Design, Intellectual Property, Legal & IP Strategy
In Brazil, the legal provisions for industrial designs are included in the Industrial Property Law (9,279/96). This law is supplemented by normative acts which regulate the National Institute of Industrial Property (INPI). The most recent of these are Normative Acts...
Brazil: Relevant Bill is Proposed Amid Efforts to Fight COVID-19
by Eduardo Riess | Feb 21, 2021 | Articles, Brazil, Patents
A bill reported by Brazilian Congressman Hiran Gonçalves (PP-RR) establishes, among other provisions, a period of 72 hours for the National Agency of Health Surveillance – ANVISA (the Brazilian FDA) to authorize the immediate importation and distribution of materials,...
Overcoming obstacles to injunctive relief in trade dress litigation
by Robert Daniel-Shores, Fábio Leme | Feb 21, 2021 | Articles, Litigation, Trademarks
Brazil has a very particular legal system. Civil law tradition guides rights in the country, but common law is also present. Civil procedure is heavily influenced by Roman and German concepts, which has resulted in a coded law setting forth the rules that cover the...
Diversity Champions: Walking the Walk
by Alicia Daniel-Shores | Feb 20, 2021 | Articles, Brazil, Diversity
Diversity and inclusion can be a challenge to get right but the benefits can be felt across organizations. Sarah Morgan speaks to those at the start of their diversity journey, as well as those who have paved a path for others to follow. In 1937, Justice Anna Chandy...
Cooperation between enforcement authorities boosts anti-counterfeiting efforts
by André Oliveira | Feb 20, 2021 | Articles, Counterfeiting, Criminal, Legal
In view of its very large territory, Brazil has always faced many challenges implementing a successful anti-counterfeiting programme. Lack of a uniform approach and the absence of a political will to tackle IP infringements on a large scale were some of the problems...
Brazil: Trade dress enforcement is still strong in Brazil
by André Oliveira | Feb 20, 2021 | Articles, Brazil, Intellectual Property, Legal
Brazil's legal system provides several options for IP owners to enforce their rights. Trade dress protection is not expressly foreseen in our law but falls within general unfair competition rules which basically forbid competitors to fraudulently divert third parties'...
Renowned marks gain increasing recognition in Brazil
by André Oliveira | Feb 20, 2021 | Articles, Trademarks
Brazilian IP law believes that renowned marks deserve special protection in all fields of activity. Differently from well-known marks, which are protected within their field of activity and regardless of the existence of a local registration, renowned marks must be...
Co-ownership of Trademarks in Brazil: Key Changes
by Anne Holanda, Isabella Cardozo | Feb 20, 2021 | Articles, Brazil, Intellectual Property, Trademarks
Brazil’s accession to the Madrid Protocol has included several important changes to the country’s trademark system, such as simplifying the registration of trademarks, reducing costs, and implementing procedures that were not previously possible through the Brazilian...