André Oliveira considers how IP infringement and brand protection has evolved in Brazil amid the pandemic It has been widely reported that the COVID-19 pandemic has strongly fostered e-commerce. In Brazil alone, e-commerce sales have increased over 68% in 2020 when...
Legal
The remote work of Brazilian Courts during COVID-19 Pandemic
As in most countries, Brazil has been facing a severe confinement strategy as an attempt to slow down the spread of COVID-19. Basically, all non-essential services are currently closed in most metropolitan areas. Although the Justice system is s an essential service...
How is the Madrid Protocol faring in Brazil?
Brazil is one of the newest members of the Madrid Protocol. It has been part of the protocol since October 2 2019. An international system was long overdue and less than 10 months in it has received 5,500+ BR designations, covering 13,300+ classes. Accession was...
Cooperation between enforcement authorities boosts anti-counterfeiting efforts
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
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'...
The (Lack of) Encouragement to Technological Development in Brazil
The Superior Court of Justice (STJ) recently issued a decision involving the multinational company Unilever. This reversed forty years of economic policies and represents a significant discouragement to business and technological development in Brazil. The decision by...
BRPTO New guidelines for the recording of agreements
The BR PTO (the Brazilian Patent and Trademark Office) has just released new instructions about the registration of international agreements involving industrial property. It appears that the BR PTO will adopt a less interventionist character, especially with respect...
Welcome recognition for the prohibition of parallel imports
At the end of 2016, the judge from the 43rd Civil Court of the Central Venue of São Paulo granted an interlocutory relief in favor of a well-known company that is involved in computers, videogames and electronic products in general. He ordered the search and seizure...
New Copyright Law declared constitutional
The Federal Supreme Court (STF) recently declared the constitutionality of the new Copyright law (Law 12853/2013), which directly affects the management, collection and distribution of the amounts related to copyright in Brazil. A new decision regarding the payment of...
New Market Entry: the Brazilian Franchise Guide for International Marks
Franchising has certainly consecrated a very important private sector in Brazil. It still interests to small and medium investors that see in franchise a good opportunity to start-up a business with lower risks of failure. In the meanwhile, great business’ men,...
A different path to protection
Brazil is the largest market in Latin America. Every year, the Brazil Patent and Trademark Office (INPI) receives thousands of applications, most of them from foreign applicants. The timeframe to obtain a trademark registration, however, is still challenging. How can...