Articles

Patent law litigation in Brazil at the supreme court: an attempt to invalidate sole paragraph of section 40 of the Brazillian patent law

The Supreme Court o Brazil is about to schedule the judgement session of the lawsuit ( ADIN ) 5529 filed by the Federal District Attorney’s Office seeking the invalidation of the sole paragraph of section 40 of the Brazilian Patent Law, which provides for a minimum term of 10 years of validity of patents after their grant by the Brazilian Patent Office.

The use of trademarks and logos in industrial designs in Brazil

In recent years, the National Institute of the Industrial Property (INPI) has presented a strong movement of modernization and adaptation to international best practices. Within the INPI, there are several projects that aim to bring the protection of industrial property rights to levels never seen in the country.

IP Update - Limitations on Tire Remolding activity in Brazil

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.

Brazilian Senate reverses course, national privacy law in effect

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.

Diversity and Inclusion: A Perspective from a Brazilian IP law firm

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

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.

Patent focus: a quick guide for fast-track examination in Brazil

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.

The Brazilian Patent Office’s commitment to the backlog elimination plan in number

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.

Social Licensing in Brazil -The FLAMENGO case

Would you license your main brand to a group whose financial situation you have no knowledge of?

Diversity and inclusion: what success looks like in the trademark environment

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?

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