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Advertising and Marketing – Getting the Deal Through (Brazil Chapter)

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).

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November 22, 2016

IP Licensing In Brazil: Brazilian Antitrust Watchdog Reviews Its Rules On Agreements Subject To Prior Approval

 It will come into force next Thursday (November 24, 2016) a new resolution issued by CADE (Conselho Administrativo de Defesa Econômica), the Brazilian antitrust authority, that redefines the rules for the submission of “associative contracts” for prior approval.

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September 28, 2016

The changes to Brazil’s Civil Procedure Code are welcome although it may take some years for them to be put into practice

After many years of scholarly and political debate within the National Congress, the new Brazilian Civil Procedure Code was passed into law last year and came in force in March 2016, replacing its 1973 predecessor. It is expected that the new rules of civil procedure will reduce litigation in Brazil by favouring alternative dispute resolution methods as well as by allowing and incentivising cooperation between the parties of lawsuits. In particular, we shall address some possible impacts for intellectual property litigation

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July 1, 2016

Auto Parts: Brazilian Antitrust Authority Recommends the Sanctioning of Car Industries for IP Misuse Of Registered Industrial Designs

The Superintendency of the Brazilian antitrust authority (Conselho Administrativo de Defesa Econômica – CADE) has recommended the sanctioning of three major automobile manufacturers for infringing the economic order on grounds of an alleged abuse of intellectual

property rights.

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