A Practice Note discussing the key considerations when drafting, negotiating, and entering a trademark license governed by Brazilian law. It addresses formalities, the scope of the licensed rights (including exclusivity and most favored nation clauses), title and validity, and matters relating to the protection and maintenance of the licensed trademark. It also addresses royalties and taxation, risk allocation and termination.

If 2022 was the year when several Patent Term Adjustment...

In the football world, a player's personal brand can transcend the four lines of the field and become a global phenomenon. In recent years, one name went viral in this scenario: Kylian Mbappé. In addition to his undeniable talent on the field, the French player has gained admirers around the world with his exceptional skill and captivating personality. In the wake of this success, the player's strategy for expanding his success and revenue was to register his name and logos associated with his image and football activity, as trademarks.

On February 27th, 2024, the Brazilian PTO published Attorney’s-General Opinion no. 00003/2024, with normative effect, concerning changes in the patent examination during the appeal instance. Said opinion was published along with some relevant clarifications, which are summarized below:

São lncontáveis os casos de plágio artístico, apropriação indevida de marcas e falsificação de produtos no Brasil. Os motivos que dão margem a essas con­travenções vão de simples pirataria a brechas na lei, que permitem interpretações dúbias sobre direito autoral e de marca. Contando com apenas um órgão legislador e fiscalizador no Brasil, o Instituto Nacional de Propriedade Industrial (INPI), especialistas e advogados aconselham os prejudicados a apelarem à justiça comum para resolver o imbróglio.

Montaury Pimenta, Machado & Vieira de Mello is a leading IP law firm, renowned for resolving disputes before the Brazilian IP courts. With over 150 professionals located in Rio de Janeiro and São Paulo, the firm has experienced remarkable growth and holds an important position at the forefront of the market, especially in the patents and life sciences fields. The firm's experienced patent lawyers have a successful track record in handling disputes in the areas of patent infringement, patent invalidation and pharmaceutical patents, and its team includes engineers with chemistry and biotech backgrounds as well as leading patent and life sciences litigators, who have been involved in some of the most high profile cases in Brazil. These include representing clients from the pharmaceutical, healthcare, biotech and chemistry industries in high-stakes patent cases before the Brazilian courts. The firm has an integrated team of legal and technical professionals able to offer a cutting-edge blend of capabilities and handle complex deals and cases of any size.

At the Seventeenth Session of the Patent Cooperation Treaty (PCT) Working Group, held last February 19, 2024, the World Intellectual Property Organization (WIPO) approved a proposal called “Filing Medium of International Applications and Related Documents”, presented by Brazil through Brazilian Patent Office (INPI) with support from the Ministry of Foreign Affairs (MRE).

Jogador faz movimento semelhante a Pelé, Michael Jordan, Zico e Daiane do Santos, que também vetaram produtos com suas imagens sem autorização.

Não se pode negar, as implicações a longo prazo desta prática são complexas e, dada as suas consequências, certamente necessitam não só de uma análise mais profunda dos tribunais pátrios, mas também de melhores definições quanto aos contornos do conceito de provedor de aplicação de internet.

Rodrigo Klein and Rodrigo Moraes Costa of Montaury Pimenta Machado & Vieira de Mello review the BPTO’s Management Report and the new Strategic Plan to provide insight into the plans to practically support the protection of IP in Brazil.