As Brazil is a member of the Berne Convention, copyright protection under Brazilian Law is inherent to the creation of the work and no registration is necessary for the enforcement of rights against third parties, provided that the legal conditions of protection are...
Blog
Understanding the Andean Opposition Protocol
During a recent administration program of the United States Patent and Trademark Office (USPTO), the national industrial property offices of Peru, Colombia and Ecuador signed a new case management protocol for the Andean Opposition. The purpose of the Protocol is to...
Brazil Joins Hague System for International Registrations of Industrial Designs
On February 13, Brazil officially joined the Hague System for International registration of designs. This latest development comes after widespread support for the initiative and official sanctioning by the country’s legislative and executive powers last year....
ANPD publishes regulation on administrative sanctions for breaches of LGPD
On 27 February, the Brazilian data protection authority (ANPD) published the highly anticipated regulation on the application of administrative sanctions, which is a function allocated to the authority under Brazil’s data protection law (LGPD). The Brazilian General...
Some procedural considerations in Brazilian Trademark infringement actions
In our recent article, we discussed 10 Common questions on Trademark Enforcement in Brazil. In this post, we look at some further procedural considerations you should keep in mind in terms of Brazilian infringement actions, including the types of defences available,...
A look at the ANPD’s priorities for 2023/2024
Last November, the Brazilian Data Protection Authority (ANPD) released its Regulatory Agenda for the 2023-2024, setting out its priority of issues for this coming period. Below we take a look at some of the most awaited issues, as well as setting out the full list of...
An update on the esports debate in Brazil
A recent report by the World Intellectual Property Organisation (WIPO) about IP and sports highlighted “… the emergence of new areas such as eSports, which has grown rapidly to reach a global audience of nearly 500 million…”. While the global esports market has been...
Industrial Design: Brazil moves closer to joining Hague Agreement
In December 2022, Brazil took a further step forward towards adhesion to the Hague Agreement on International Registrations of Industrial Designs, by depositing the Protocol of Adhesion to the Agreement with the World Intellectual Property Organization (WIPO) ....
Brazil adopts new legal framework on Telehealth
On December 28, former Brazilian President Jair Bolsonaro sanctioned Law 14,510 , authorizing the practice of telehealth across Brazil, and revoking the previous rules regulating the discipline. In our last post on the subject, we discussed how the Brazilian Ministry...
Argentinian DPA presents new Personal Data Protection Bill
In our recent post, we discussed how the Argentinian DPA (Agencia De Acceso A La Información Pública) announced the opening of a public consultation process on the proposal to update the countries existing data protection framework. Through the consultation process,...
Brazilian DPA issues Guide on Cookies and Personal Data Protection
On 18 October, the Brazilian National Data Protection Authority (ANPD) published its Guide on “Cookies and Personal Data Protection”, which is aimed at both processing agents and rights holders. This post provides some background on Cookies and how they are currently...
Three important considerations on Patent Licensing in Brazil
Are you interested to learn about some of the particularities of Patent Licensing in Brazil? Below, we take a look at 3 important considerations about this topic, including the local laws that limit the terms upon which parties may agree a patent license, information...
Getting to know Brazilian Patent Practice
In the past, we received some questions regarding patent practice in Brazil and how this differs to other countries (in this post, we provide a contrast to the US approach). While similar in many ways, there are also some key differences between patent practice in...
Navigating the Madrid Protocol in Brazil
Brazil ratified the Madrid Protocol, which became operational in the country on October 2, 2019 (under Decree No. 10,033). In this post, we consider the requirement to appoint a local representative in respect of Brazilian Madrid Protocol designations, and the...
A glimpse at privacy and the metaverse
A recent report by McKinsey found that the Metaverse has the potential to generate up to $5 trillion in value by 2030. The term metaverse has its origins in futurism and science fiction, and describes a network of 3D virtual worlds focused on social connection. This...