Montaury Pimenta, Machado & Vieira de Mello updates

Trademark co-ownership finally possible in Brazil
Montaury Pimenta, Machado & Vieira de Mello
  • Intellectual Property
  • Brazil
  • 01 March 2021

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.

Legislative overview – Brazil
Montaury Pimenta, Machado & Vieira de Mello
  • Intellectual Property
  • Brazil
  • 22 February 2021

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.

Growing e-commerce market entails increased brand protection measures
Montaury Pimenta, Machado & Vieira de Mello
  • Intellectual Property
  • Brazil
  • 15 February 2021

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.

Ministry of Economy launches National Strategy for Intellectual Property
Montaury Pimenta, Machado & Vieira de Mello
  • Intellectual Property
  • Brazil
  • 01 February 2021

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.

Trade dress protection: a glimpse at the beverage market
Montaury Pimenta, Machado & Vieira de Mello
  • Intellectual Property
  • Brazil
  • 25 January 2021

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.

BRPTO anticipates Phase II of Patent Prosecution Highway Programme
Montaury Pimenta, Machado & Vieira de Mello
  • Intellectual Property
  • Brazil
  • 18 January 2021

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.

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