News

In an administrative proceeding, the BrazilianPTOinvalidatedthe registration of the composite mark “São Lourenço da Serra”, based on the anticipation of the composite marks “São Lourenço”, which covered  the same services of bottling of mineral water.The lower court affirmed the Brazilian PTO’s understanding and the plaintiff was ordered to cease use of the mark “São Lourenço (...)

The Brazilian PTO informed that, as from September 15, 2020, joint ownership of trademark applications or registrations will be possible. It will also be possible to add co-owners to existing applications or registrations, through the recordal of assignments. In order to make joint ownership feasible, different areas of the Brazilian PTO were involved to ensure compliance with the Industrial Property Law, and establish procedures, adaptations of systems, new wording (...)

On August 28, 2020, the Brazilian National Film Agency (ANCINE) placed under public consultation the Regulatory Notice which addresses the regulation of Article 27 of the Provisional Measure No. 2.228-01, of 2001. This provision establishes the possibility of exhibiting audiovisual works funded through public incentive funds, after ten years of the works’ commercial release, in (...)

In a decision issued by the 3rd Panel of the Superior Court of Justice1 (STJ), the court decided that works permanently located at public places cannot be freely exploited by third parties for commercial purposes, without journalistic intent, notwithstanding the provisions of article 48 of Law 9,610/98 (Brazilian Copyright Act). According to the court, the right to economically use works of this (...)

On September 1st, 2020, the Secretary of International Relations from the Brazilian Chamber of Deputies initiated a debate with representatives of countries that are developing medicines and vaccines against COVID-19, aiming to change Brazilian legislation to facilitate the compulsory licensing of patents in situations of public interest or national emergency. Bill No. 1462/2020 is at the heart of the discussions, as it provides for automatic licensing under these circumstances. (...)

On September 2, 2020, the World Intellectual Property Organization (WIPO) published the Global Innovation Index 2020. On this edition, the relevance of financial support for innovation activities is discussed by mapping of current financing mechanisms and considerations as to existing challenges and development tendencies. At the innovation global ranking, Brazil occupies the 62nd position this year. Despite of still (...)

The Bill of Law No. 4.255/20201, proposed by Senator Angelo Coronel, aims to implement copyright payment in case of journalistic content’s publication is made by internet service providers. In this regard, the bill promotes a revision of the Brazilian Copyright Law (Law No. 9.610/1998), allowing the copyright owner to notify the internet service provider, in order to receive the due compensation for its (...)

The 6th Civil Chamber of the Rio Grande do Sul State Court held that a decision ordering the defendant to refrain from using a registered trademark necessarily depends on the previous cancellation of the corresponding trademark registration granted by the Brazilian Patent and Trademark Office (BPTO). Also, it emphasized that such judicial cancellation of a trademark registration would be in the jurisdiction of a Federal (...)