News

By Rafael Lacaz Amaral

May 18, 2021

Anti-counterfeiting and Online Brand Enforcement: A Global Guide 2021

The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities. The enforcement of IP rights involves Anti-counterfeiting and Online Brand Enforcement: A Global Guide 2021

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March 29, 2021

Patent Litigation in Brazil 2021: Global Practice Guide by Chambers & Partners

The Global Practice Guide, published by Chambers & Partners, provides guidance on intellectual property rights, initiating lawsuits, infringement, revocation/cancellation, trial and settlement, Patent Litigation in Brazil 2021: Global Practice Guide by Chambers & Partners

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November 4, 2020

Global Patent Litigation 2021 – Brazil

Our senior partner Rafael Lacaz Amaral authored a chapter about Brazil, first appeared in Global Patent Litigation Guide: Helping businesses navigate the Global Patent Litigation 2021 – Brazil

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May 4, 2020

Anti-counterfeiting: A Global Guide 2020

The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities. The enforcement of IP rights involves Anti-counterfeiting: A Global Guide 2020

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February 11, 2020

Patent Litigation in Brazil 2020: Global Practice Guide by Chambers & Partners

The Global Practice Guide, published by Chambers & Partners, provides guidance on intellectual property rights, initiating lawsuits, infringement, revocation/cancellation, trial and settlement, Patent Litigation in Brazil 2020: Global Practice Guide by Chambers & Partners

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May 15, 2019

Anti-counterfeiting: A Global Guide 2019

The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities. The enforcement of IP rights involves Anti-counterfeiting: A Global Guide 2019

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March 12, 2019

Patent Litigation in Brazil 2019: Global Practice Guide by Chambers & Partners

The Global Practice Guide, published by Chambers & Partners, provide easily accessible information on navigating the legal system when conducting business in Patent Litigation in Brazil 2019: Global Practice Guide by Chambers & Partners

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June 19, 2018

Anti-counterfeiting Guide 2018

The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities. The enforcement of IP rights involves Anti-counterfeiting Guide 2018

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June 12, 2018

Patent Litigation: Brazil Law and Practice Guide by Chambers & Partners

Our firm wrote an article about Patent Litigation in Brazil for Chambers Global Practice Guides.

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January 22, 2018

Internet infringers: You can run, but you can’t ride

It is not new that owners of intellectual property rights have been waging long and relentless battles against those who insist on Internet infringers: You can run, but you can’t ride

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January 4, 2018

Trademark Litigation 2018: Litigation procedures and strategies in Brazil

Legislative framework and causes of action   The Brazilian Constitution guarantees patent, trademark and copyrights as a means to secure the social Trademark Litigation 2018: Litigation procedures and strategies in Brazil

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June 15, 2017

BRAZIL: Domain Name or Trademark Registration and Earlier Rights. Which Shall Prevail?

In a decision published on March 3, 2017, the 4th Chamber of the Brazilian Superior Court of Justice provided the criteria to decide cases in which identical marks are registered by different owners as domain names and trademarks (Recurso Especial nº. 1466212).

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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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April 4, 2016

Newsletter 2016.05 We are prepared for the new Code of Civil Procedure!

Kasznar Leonardos Advogados' litigation team, specialized

in Intellectual Property matters, discussed the concrete

implementation of the new Code of Civil Procedure

(effective as of March 18, 2016) in a workshop held in the

São Paulo offices, on March 4 and 5, marking the closing

of a profound cycle of studies on the subject.

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June 1, 2014

The building blocks of change

The past couple of years have seen some major developments in how Brazilian courts interpret and enforce trademark law at all levels. This article reviews some of the latest changes related to protection for non-traditional trademarks, the special rule for determining jurisdiction in trademark infringement cases and the administrative seizure of counterfeits by Customs.

The 1996 Brazilian Industrial Property Act (9,279/96) establishes a mixed trademark protection system by which an attributive arrangement grants first-to-file protection rights along with some declaratory system exceptions, such as *bona fide* six-month prior use of an unregistered trademark. Despite general satisfaction with this system, it is a fact that the law admits only the registration of visual-perceptive signs as trademarks (Section 122).

However, this limitation does not mean that non-visual signs which function as trademarks are bereft of protection. The Industrial Property Act sets out a so-called ‘gen

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