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
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?