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June 23, 2017

The end of turmoil

Three major developments in Brazil suggest the country is entering an exciting era for IP owners. Gabriel Francisco Leonardos and Pedro Vilhena of Kasznar Leonardos report.

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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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June 22, 2016

Getting the Deal Through: Advertising & Marketing / 2016

Getting the Deal Through: Advertising & Marketing / 2016

 

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Advertising & Marketing 2016, (published in May 2016; contributing editor: Rick Kurnit, Frankfurt Kurnit Klein & Selz, PC) For further information please visit www.gettingthedealthrough.com.

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June 15, 2016

Brazil’s struggles with genetic resources

Article published on World Intellectual Property Review
Annual 2016.

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October 1, 2015

Brazil Chapter in “Distribution and Marketing of Drugs” by Lívia Figueiredo and João Vianna

1. What are the legal pre-conditions for a drug to be distributed within the jurisdiction?

 

Authorisation

 

The distribution of medicinal products is regulated by the National Sanitary Surveillance Agency (ANVISA)

 

Pharmaceutical can be marketed and distributed if the following requirements are met:

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July 2, 2015

Use of Unregistered and Registered Trademarks: The Brazilian System

The Trademark Reporter© Vol. 104 – The Law Journal of the International Trademark Association (site da INTA)

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June 26, 2015

Brazil Chapter in “Trade Secret Protection”, edited by Trevor Cook

Trade secrets are protected as a category of intellectual property rights. In Brazil, their protection resides in the legislation set forth against unfair competition (considered a crime under Brazil’s Industrial Property Law of 1996), in the TRIPS Agreement (the Agreement on Trade-Related Aspects of Intellectual Property Rights) and in other legal provisions such as the ‘inviolability of privacy’ clause of the Federal Constitution.

Trade secrets are thus protected by the statutory rules on fair competition, established in Articles 195(XI) and 195(XII) of the Industrial Property Law with civil and criminal effects, and by Article 842(g) of the Labour Law, according to which the breach of a trade secret by an employee is considered a valid reason for dismissal.

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January 15, 2015

Know how to License in Brazil: A Pragmatic Approach to Cultural and Legal Differences affecting Know How Licensing Agreements

This paper gives an overview on legal, economic and cultural characteristics that are inherent to the Brazilian business scenario and how they affect the negotiation of know how licensing agreements. The Brazilian regulatory framework and the point of view of Brazilian companies can bring out significant issues not expected by their counterparts of other countries or regions. Experience demonstrates that understanding the concepts, reasons and dynamics of emerging economies from their perspective may help U.S. legal professionals to observe relevant factors and get insights to overcome obstacles in the practice of contractual law in a multinational or multicultural environment, in particular when negotiating know how licensing contracts.
 

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December 10, 2014

Patenting in the Emerging Markets – Brazil – Order and Progress?

Written with Marielle Dejligbjerg, from HOIBERG A/S

 

Brazil is the world’s fifth largest country, both by area and population, and has the seventh largest economy measured by GDP. The country excels in the production and exportation of commodities like coffee, iron ore, soya, orange juice, tobacco, and cattle; and produces steel, automobiles & aircrafts, computers and petrochemicals. In the last decade a great portion of the population has become prosperous, and in a time where inflation rates are under control, this makes the Brazilian market attractive to foreign investments. In this article we describe peculiarities of the Brazilian patent system, which are of particular relevance for those who wish to enter the market.

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October 1, 2014

Going Beyond its Remit

A review od ANVISA's role in the prosecution of pharma patent applications and the latest developments reveals ongoing controversies, as Joao Luis Vianna and Maria Claudia Souza report.

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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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