Mônica Gurvitz and Julia Fernandes, Partners at Montaury Pimenta, Machado & Vieira de Mello, evaluate the implementation of the ADI 5,529 one year on.
Using brand names of a previous band without authorization consists on a trademark violation and represents parasitic exploitation and unfair competition practice, giving room to compensation to the trademark owner. However, such kind of use happens frequently among musicians who experienced a certain fame in the past as members of famous bands and now try to take some advantages on that in a solo career or with a new group.
In the last two years, the trademark practice in Brazil has had a considerable change of scenario with the implementation of the Madrid Protocol, back in 2019.
Indigenous communities are custodians of creativity and innovation, but brands wishing to benefit from their knowledge must first cultivate their trust, finds Muireann Bolger.
Today, April 26, the World Intellectual Property Day, also called "World IP Day" or "WIP-Day", is celebrated. The date was established by the World Intellectual Property Organization (WIPO) and, for about two decades, a theme has been chosen in the year. For 2022, the focus will be on “IP and Youth: Innovating for a Better Future”. The campaign aims to enable young people to discover how intellectual property rights can help them achieve their goals, generate income, turn ideas into reality, create jobs and positively impact the world around them.
The 31st Federal Court of Rio de Janeiro, after weighing all the interests at stake, upheld ABPI - Brazilian Intellectual Property Association requests in a public civil action lawsuit, which aims to secure resources for the BPTO to properly comply with its activities of examination and granting of patent and trademark rights.
“We must also learn how to be inclusive with our peers.”
Counsel in Brazil, Canada and Jamaica weigh what changes in foreign and local trademark filing strategies have meant, or will mean, for their practices.
On February 08, 2022, the BPTO (Brazilian Patent and Trademark Office) issued a notice informing that an apostille will be included in the Letters-Patent of patents covering pharmaceutical products/processes and equipment and/or materials for use in healthcare and also other technologies not related to the pharmaceutical/healthcare field, in cases wherein the patent was granted based on the 10-year rule validity term, but said term was adjusted based on the Brazilian Supreme Court’s decision to abolish this legal provision.
This article is part of a series reviewing the IP landscape in 2021.(1).