According to Article 129 of Brazilian Industrial Property Act (Federal Law 9279/96), a trademark registration grants the owner exclusive rights upon its use within the Brazilian territory. In sequence, however, article 132, III sets forth that the owner of the trademark will not be able to restrain the free circulation/commerce of its product/mark, after it has been placed on the national market by the owner itself or by a third party to whom the owner has given its authorization.
In less than 48 hours, privacy professionals in Brazil and around the world have seen significant developments and unique challenges regarding the country's data protection legal landscape and, in particular, Brazil’s General Data Protection Law.
To better understand this article, we must start with a simple question: What is diversity and inclusion.
Practical Aspects of the Madrid Protocol in Brazil As of May 12, 2020, the Brazilian Patent and Trademark Office (BPTO) started publishing the designations received through the Madrid Protocol. These were the first publications since its adoption in October 2019.
This guide has the objective of summarizing all types of fast-track examination available in Brazil in order to assist applicants in choosing the best way of getting a patent faster in view of the various situations in which the Brazilian PTO can provide an accelerated examination.
In the second half of 2019, the Brazilian Patent Office (BRPTO) started an ambitious plan to eliminate the backlog of unexamined patent applications. The project aims at reducing 80% of the current backlog within two years.
Would you license your main brand to a group whose financial situation you have no knowledge of?
For both law firms and those in the corporate environment, embedding diversity and inclusion (D&I) in hiring and team-building practices is not just the right thing to do, it is critical for brand reputation, staff motivation and positive results. But what does this actually mean and how should it be approached?
The words “China and America” are constantly in the news these days with reports of trade and IP squabbles, but “America” is much larger than only the United States. Johnny Chan explores the relationships between China and Latin America.
One of the most common questions regarding patent protection in Brazil refers to whether there is a possibility of protecting second medical use of known chemical compounds. The answer is simple: yes, it is possible to protect second medical use in Brazil. However, considering some particularities of the Brazilian Industrial Property Law and its interpretation by the Brazilian Patent and Trademark Office (BPTO), it is extremely important to give proper attention to the correct way of drafting not only the set of claims, but the whole patent application, in order to guarantee the most effective protection.