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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

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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
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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
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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
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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).

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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.

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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

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May 1, 2013

El rol de la Agencia Nacional de Vigilancia Sanitaria en la concesión de patentes de fármacos en Brasil: una cuestión todavía polémica

INTRODUCCIÓN: EL INSTITUTO DE LA PREVIA ANUENCIA Y LOS DILEMAS QUE LO MISMO HA GENERADO.

Pasados dieciséis años de la promulgación de la Ley Brasileña de Propiedad Industrial (Ley nº 9.279/1996), la cual introdujo en el ordenamiento jurídico brasileño las reglas establecidas en el Acuerdo sobre los Aspectos de los Derechos de Propiedad Intelectual Relacionados con el Comercio (ADPIC), una de las cuestiones jurídicas más polémicas que se coloca cuanto a su interpretación sigue todavía sin solución: ¿cuál debe ser el rol de la Agencia Nacional de Vigilancia Sanitaria (ANVISA, en el acrónimo portugués) en la concesión de patentes de fármacos? Tal pregunta se hace respeto a la correcta interpretación del artículo 229-C de la Ley nº 9.279/1996, que a la letra señala:

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May 1, 2013

Avoiding lengthy litigation

Brazil IP FOCUS – Managing IP Magazine – May 2013 edition

Generally, when IP rights holders decide to file a law suit in Brazil, they are looking for a swift answer to the violation of their rights. It is widely known, however, that law suits in Brazil usually take a long time to reach a final outcome. This is especially true in infringement and nullity actions involving patent rights, due to the technical background knowledge demanded to fully understand the technology at issue (in most of these law suits an expert is nominated by the trial judge to assist in clarifying technical aspects of the case). That is why injunctive relief plays an important role in litigation cases, as it is an efficient measure to put a stop to the infringement of IP rights while a final decision is being rendered in the case.

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May 1, 2013

Winds of Change: Intellectual Property and Wind Power – Why the Brazilian Market Can Become Attractive

INTRODUCTION

Global energy demand continues to increase, with major developing countries acting as the main driving force behind such rise. However, the world energy balance is still highly dependent on the finite source of fossil fuels, which is considered to be the major responsible for atmosphere pollution in big cities. Furthermore, the long term consequences of the use of these non-renewable fuel sources are still unknown. Global warming, for example, is pointed out to be one of its most undesirable effects.

In this scenario, the need to diversify the energy matrix using more renewable energy sources has become urgent. One of the most triumphant clean energy sources that has been developed in the last years is wind power. The installed wind power capacity is increasing significantly worldwide as well as its importance to the

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February 5, 2013

Concepts and protection involving famous marks in Brazil

Managing IP Magazine – March 2013

 

Fame

Depending on the degree of reputation or recognition of the mark, it may be qualified as WELL-KNOWN or HIGLY REPUTED (widely recognized by the general consuming public; well-known to the public at large), being protected under different levels.

Legal protection to well-known marks

WELL-KNOWN marks in the form of Article 6bis of CUP are protected under the Brazilian IP Law against imitation or reproduction in the same or related market segment. Pre-existence of a regular application or registration is not a condition to seek the protection. Being this an exception to the first-to-file rule in force in Brazil, the Brazilian Law requires that the Opponent files an application for its own mark in order to enforce the special protection.

  • ...
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April 25, 2011

Anti-Counterfeiting 2012

Legal framework

The growth of the Brazilian market and economy is parallelled by the increase of 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 anticounterfeiting includes:

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

• the Copyright Law (Law 9,610/98); and

• the Software Law (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 Intellectual Property Rights (TRIPs);

• the Berne Convention f

Ler notícia
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