News

All

May 30, 2014

Anti-Counterfeiting 2014

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 Artisti

Ler notícia

May 5, 2014

Lessons from China

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 two

  • Pedro Vilhena
Ler notícia

May 5, 2014

Lessons from China

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 two

  • Pedro Vilhena
Ler notícia

May 5, 2014

Lessons from China

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 two

  • Pedro Vilhena
Ler notícia

May 1, 2014

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).

Ler notícia

April 1, 2014

Volunteer Spotlight: Elisabeth Kasznar Fekete

INTA Bulletin. Vol. 69 No. 7.

Ler notícia

March 5, 2014

Las acciones de nulidad de patentes mailbox

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.

Ler notícia

March 1, 2014

Un compromiso con la innovación

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

Ler notícia

February 5, 2014

Kasznar Leonardos ranked first on WTR 1000 – 2014. Moreover, 5 partners are recommended by this guide

It is with joy that we announce the first placement of Kasznar Leonardos in the ranking of the trademark guide WTR 1000 – 2014. This position is shared with honorable colleagues. Also, this guide recommends five of our partners: Elisabeth Kasznar, Gabriel Leonardos, Rafael Lacaz, Claudio Roberto Barbosa, and Filipe Leonardos. See the full ranking of the Brazilian offices here:

http://www.worldtrademarkreview.com/wtr1000/rankings/detail.aspx?g=c874471e-34ce-496b-ae72-17161d6516ec

Ler notícia

January 28, 2014

Newsletter 2014.02 – Maintenance of Patents in Brazil – A clear and present danger

Very recently, by means of Resolution 113/2013, the Brazilian Patent and Trademark Office, henceforth the INPI, declared a change in its interpretation of the restoration clause that was inserted by the legislators in Law 9279/96 — the Brazilian Industrial Property Law[1].

This restoration clause gives to those that did not pay an annuity during the regular and extended terms, the opportunity to revive their case after a notice communicating its forfeiture is published.

Until the advent of this new interpretation, a single notice could be published in connection with a set of unpaid annuities. Actually, as the INPI had very little control over the annuity fees that were paid, it was quite common that many years would pass before a notice was published. Therefore, whenever it came to be published, the notice would inform that the forfe

  • ...
Ler notícia

January 20, 2014

Newsletter 2014.01 – New Law fights corruption and requires formatting companies’ internal rules

As of February 1st, when Federal Law No. 12,846 will come into force, Brazilian and foreign companies in the country will face a new and different scenario in their relations with public entities. This is because this law, which has been popularly known as the “anti-corruption law”, comes to combat and severely punish any and every act committed by companies, their representatives, suppliers and business partners who violate or cause damage and injury to the domestic or foreign public assets, against principles of public administration or against the international commitments assumed by Brazil.

  • ...
Ler notícia

December 18, 2013

The National Council of Justice publishes note on the take office of Elisabeth Kasznar for the presidency of ABPI

The National Council of Justice published the note “Expansion of activities”, about the take office of our senior partner Elisabeth Kasznar Fekete as the new president of the ABPI, for the biennium 2014-2015. http://www.conjur.com.br/2013-dez-12/notas-curtas-cnj-testa-sistema-instalar-banco-dados-recursos

Ler notícia

December 18, 2013

The National Council of Justice publishes note on the take office of Elisabeth Kasznar for the presidency of ABPI

The National Council of Justice published the note “Expansion of activities”, about the take office of our senior partner Elisabeth Kasznar Fekete as the new president of the ABPI, for the biennium 2014-2015. http://www.conjur.com.br/2013-dez-12/notas-curtas-cnj-testa-sistema-instalar-banco-dados-recursos

Ler notícia

December 18, 2013

The National Council of Justice publishes note on the take office of Elisabeth Kasznar for the presidency of ABPI

The National Council of Justice published the note “Expansion of activities”, about the take office of our senior partner Elisabeth Kasznar Fekete as the new president of the ABPI, for the biennium 2014-2015. http://www.conjur.com.br/2013-dez-12/notas-curtas-cnj-testa-sistema-instalar-banco-dados-recursos

Ler notícia

December 1, 2013

Intellectual Property Aspects related to Access to Genetic Resources in Brazil

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 and

Ler notícia