Intellectual property (IP) is gaining increasing attention in numerous fields and countries, including Brazil, where we can see an exponential growth in new court actions aiming to enforce IP rights..
A Practice Note providing an overview of the general trademark application filing and prosecution process in the Brazilian National Institute of Industrial Property (Instituto Nacional da Propriedade Industrial (INPI)). It addresses requirements for registration and typical trademark prosecution procedures, including responding to office actions in Brazil. It also addresses specific issues for counsel to consider during prosecution and to maintain the trademark registration once it is granted.
Since the beginning of its implementation on July 6 of this year, the 5th generation mobile network (5G) is already available to residents of 22 Brazilian state capitals. Due to the low amount of equipment and the global shortage of chips, implementation of the 5G network is happening at a very slow pace. Even in the country’s major cities, such as Rio de Janeiro and São Paulo, network coverage is considerably lower than desired and initially proposed by ANATEL (National Telecommunications Agency), being especially concentrated in tourist areas and high-income neighborhoods.
How the result of the Brazilian presidential election could have a significant impact on the brand protection ecosystem in Brazil.
Last August, the Brazilian Franchising Association (“ABF”) signed an agreement with the Brazilian Intellectual Property Association (“ABPI”), formalizing the ABPI as an accredited institution for conciliation, mediation, arbitration and dispute resolution procedures in the franchising area.
Over the past years, the internet has established itself as a new and important vehicle for disseminating information, increasingly occupying a spotlight position that usually belonged to other media sources such as radio, television, newspapers and magazines. Such importance as a form of media molded the internet into a powerful new market for publicity.
Although 3D printing may seem like a recent innovation,this technology has been available since the 1980s, primarily for industrial purposes. However, it is undeniable that recent developments have made 3D printing more affordable and known to the public. Naturally, questions can be raised regarding the intellectual property rights of the printed objects and the associated technology behind 3D printing.
In the wake of events resulting from the Covid19 pandemic, the Brazilian Congress decided on July 05, 2022, to uphold Presidential Veto #48 on Law #14,200/2021, which modifies Brazilian Industrial Property Law #9.279/96. Said vetoes relate to rules governing compulsory licenses in Brazil changing critical know-how technology transfer provisions based on the declaration of national or international emergency or of public interest, or national domain public calamity state requests.
Ever since Tridimensional (3D) marks were introduced in Brazil by the Industrial Property Law of 1996, there has been a reluctance to seek this form of protection.
On June 15, 2022, our partner Pablo Torquato spoke before the Japanese Chamber of Commerce and Industry of Brazil about the importance of recording technology transfer agreements with the Brazilian Patent and Trademark Office (“INPI”), especially about the legal particularities and the INPI's internal guidelines that involve this recordal.