Artigos

The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities. The enforcement of IP rights involves planning, technology, intelligence, training and coordination, with support from a number of laws and treaties, as well as the relevant rules of the Federal Constitution, the Civil Code, the Criminal Code, the Civil Procedure Code, the Criminal Procedure Code and administrative statutory instruments.

The legal framework for anti-counterfeiting includes:

• the Industrial Property Law (9,279/96);

• the Copyright Law (9,610/98); and

• the Software Law (9,609/98).

In addition, Brazil is a signatory to the main international IP instruments, such as:

• the Paris Convention for the Protection of Industrial Property (as reviewed in Stockholm in 1967);

• the Agreement on Trade-Related Aspects of IP Rights (TRIPs);

• the Berne Convention for the Protection of Literary and Artist

Despite being usually seen as comparable parts of the BRICs , the emerging economies of China and Brazil have more differences than similarities, not to mention the countries’ historic and cultural backgrounds. Ever since the creation of the World Trade Organization (WTO), China has impressed the world with very good indicators: substantial and steady increase in its GDP, relevant internal market, increasing participation in global trade, impressive rates of innovation and an environment that is globally much welcoming to foreign investment. Brazil, on its side, has managed to surpass economic chaos caused by hyperinflation in the beginning of the 1990s and to create a market that is both friendly to foreign investments and strongly responsive to its internal demands, after years of economic stagnancy. Both countries are heralded as strong healthy economies, with a good share of natural resources and good perspectives for the future. On the verge of organizing two major sports events in the window of tw

Despite being usually seen as comparable parts of the BRICs , the emerging economies of China and Brazil have more differences than similarities, not to mention the countries’ historic and cultural backgrounds. Ever since the creation of the World Trade Organization (WTO), China has impressed the world with very good indicators: substantial and steady increase in its GDP, relevant internal market, increasing participation in global trade, impressive rates of innovation and an environment that is globally much welcoming to foreign investment. Brazil, on its side, has managed to surpass economic chaos caused by hyperinflation in the beginning of the 1990s and to create a market that is both friendly to foreign investments and strongly responsive to its internal demands, after years of economic stagnancy. Both countries are heralded as strong healthy economies, with a good share of natural resources and good perspectives for the future. On the verge of organizing two major sports events in the window of tw

Despite being usually seen as comparable parts of the BRICs , the emerging economies of China and Brazil have more differences than similarities, not to mention the countries’ historic and cultural backgrounds. Ever since the creation of the World Trade Organization (WTO), China has impressed the world with very good indicators: substantial and steady increase in its GDP, relevant internal market, increasing participation in global trade, impressive rates of innovation and an environment that is globally much welcoming to foreign investment. Brazil, on its side, has managed to surpass economic chaos caused by hyperinflation in the beginning of the 1990s and to create a market that is both friendly to foreign investments and strongly responsive to its internal demands, after years of economic stagnancy. Both countries are heralded as strong healthy economies, with a good share of natural resources and good perspectives for the future. On the verge of organizing two major sports events in the window of tw

1 What are the principal statutes regulating advertising generally?

The legal basis for the provision of advertisement regulation is set forth by the 1988 Brazilian Constitution, which determines that the law will provide for special rules on the advertising of products and services that may offer health and environmental risks, such as tobacco, alcohol and medicines (section 220, paragraph 3, II, and paragraph 4).

Revista Marcasur. Suplemento Brasil Al Día. Março, 2014.

La inseguridad jurídica que existe en Brasil es tanta que un dicho burlesco dice que “en Brasil hasta el pasado es incierto”. Un ejemplo de reciente conducta del Instituto Nacional da Propriedade Industrial (INPI) que generó perplejidad fue la presentación de acciones de nulidad de las patentes mailbox.

O artigo 124 da LPI – LEI DA PROPRIEDADE INDUSTRIAL (LEI 9679/96) elenca os sinais não registráveis como marca. No inciso VII encontra-se a recusa para sinal ou expressão empregada apenas como meio de propaganda.

Revisitando o antigo regime jurídico dos sinais e expressões de propaganda (também conhecidos como “slogans”), notamos que o antigo Código da Propriedade Industrial (Lei 5772/71) previa registro para os sinais e expressões de propaganda. O registro tinha validade de 10 anos, podendo ser indefinidamente prorrogado por período igual e sucessivo, tal como as marcas.

A efervescente criatividade dos profissionais de marketing, a estonteante velocidade da informação e a concorrência acirrada podem ser apontados como alguns dos fatores que encurtaram a vida dos sinais e expressões de propaganda, que atualmente se renovam a cada estação. Nesse cenário, a proteção ad eternum do aludido registro perdeu seu propósito.

Com efeito, a LPI extinguiu o registro de sinai

Tribuna do Advogado.

The Convention on Biological Diversity, signed in Rio de Janeiro, Brazil, back in 1992, established that genetic resources should no longer be considered as a heritage of the Humanity, but rather that each country should have sovereignty over its own resources.

Brazil has signed the Convention in 1992, such International Treaty having been ratified in Brazil by means of Decree No. 2,519 of March 16, 1998. However, it was only in 2000 that a legislation regulating the access to Brazilian genetic resources and associated traditional knowledge was enacted.

Particularly, in compliance with the Convention on Biological Diversity (CBD), more specifically, its articles 1, 8, letter “j”, 10 letter “c”, 15 and 16 items 3 and 4, Provisional Ruling 2,186-16/01, still in full force, was enacted to regulate the access to, and use of, genetic heritage and associated traditional knowledge (TK) in the Brazilian territory, the fair an

Resumo: O artigo trata do co-branding à luz da propriedade intelectual, dos princípios jurídicos que regem os contratos pertinentes a essa estratégia comercial de associação de marcas, e de alternativa ao modelo tradicional de licenciamento, nos casos em que o interesse na marca decorre mais do seu valor comercial do que de suas características setoriais como marca registrada.