Montaury Pimenta, Machado & Vieira de Mello
Rio de Janeiro
Montaury Pimenta, Machado & Vieira de Mello is a leading Brazilian Intellectual Property (IP) law firm, working with national and international clients across the private and public sectors. With its head office in Rio de Janeiro and a satellite office in São Paulo, the firm provides advice across all aspects of IP rights and related areas. The firm’s services include strategic advice, legal analysis, searches, registrations, oppositions, administrative disputes, and also IP litigation including invalidity and infringement actions as well as the drafting of franchise contracts, the transfer of technology and licensing agreements.Show more
Over the past year the Brazilian courts and the Brazilian Patent and Trademark Office have been adapting to the new reality brought about by the COVID-19 pandemic. In light of these judicial and administrative changes, the Brazilian IP landscape is becoming increasingly favourable for entrepreneurs and companies. While Brazil still has a long way to go, the government's pursuit of greater effectiveness in its judicial and IP systems is commendable.
A patent dispute about a spray used to mark the distance between the defenders and the ball when a free kick is taken in football is ongoing in Brazil. The spray's inventor filed an infringement action against the International Federation of Association Football (FIFA), which was rejected on the grounds that the inventor had not proved that the products used by FIFA corresponded to infringed copies of his products or that any damage had been caused. The inventor has appealed this decision.
In recent years, the Brazilian Patent and Trademark Office has taken actions to improve IP protection policies. As such, it recently published the Guidelines for Examining Patent Applications Involving Computer-Implemented Inventions. The new guidelines were long overdue, considering that technology and intelligent systems (eg, the Internet of Things and AI) are becoming increasingly integrated into everyday life.
Although Diego Maradona assigned all of his trademark rights to Sattvica before his death, the Brazilian Patents and Trademarks Office rejected the company's application to register the trademark MARADONA in Brazil based on the Trademark Law. This article discusses the registration of proper names as trademarks and explores the measures that parties can take to ensure that the legacy and goodwill associated with their intellectual property is preserved after their death.
The National Health Surveillance Agency recently published four guidelines on its prior consent procedure, which all pharmaceutical patent applications in Brazil must undergo before the Brazilian Patent and Trademark Office (BRPTO) conducts the technical examination. However, applicants should remember that the final decision on the patentability of pharmaceutical patent applications is made exclusively by the BRPTO.
The Brazilian Trademark Office recently took an important step towards fully implementing the Madrid Protocol by approving the trademark co-ownership regime for national applications and registrations. This article outlines some of the most important points that trademark practitioners should consider when dealing with applications and registrations under a co-ownership regime in Brazil.
This article provides an overview of the regulation and enforcement of IP rights in Brazil. It also examines recent developments, such as the project to reduce the patent backlog and the ongoing case before the Supreme Court concerning the constitutionality of Article 40 of the IP Law.
According to the latest Webshoppers report, Brazilian e-commerce grew by 47% in the first half of 2020, the highest recorded increase in the past 20 years. There is therefore an increased need to protect trademarks in the digital environment. Engaging online brand protection services can be an effective method of mitigating all forms of trademark abuse online, enabling owners to consistently enforce their brand rights.
The Brazilian Patent and Trademark Office recently celebrated its 50th anniversary. At the ceremony, the special government body of the Ministry of Economy launched the National Strategy for Intellectual Property (ENPI). The ENPI's objective is to achieve an effective and well-known national IP system, which encourages creativity and investment in innovation in order to increase competitiveness and socioeconomic development in Brazil.
In Brazil, trade dress protection is supported in several regulations, all under the concept of unfair competition. Trade dress protection has also been widely acknowledged by the courts, and case law has been an important source of its doctrinal foundation. This article looks at trade dress protection in the beverage sector and examines several decisions which have granted such protection for types of beer, vodka and wine.
Ordinance 404 recently came into force, establishing Phase II of the Patent Prosecution Highway (PPH) Programme in Brazil. Phase II was published by the Brazilian Patent and Trademark Office in the last week of 2020 and modifies the limits and requirements for requesting participation in the PPH Programme. With this new phase of the PPH Programme, the previous Resolution 252 (establishing Phase I) has been revoked.
Tech, Data, Telecoms & Media
In an increasingly hostile market, companies have taken an innovative approach to advertising, seeking to ensure consumer loyalty. This has included comparing their products and services with those of competitors in an attempt to convince consumers that theirs are the best. However, is this type of advertising, which is (in theory) harmful to competitors whose products and services are shown as being inferior, allowed?