Brazil

North Korea establishes IP institute, Amazon intangibles tax win, and Brazil fee request: news digest

In our latest round-up, we look at retail companies leading a ‘brand health’ survey, the Belarus IP office correcting a mistake, the New York Times delving into the world of counterfeit books, and much more.

North Korea establishes IP institute, Amazon intangibles tax win, and Brazil fee request: news digest
24 Jul 2019

WTR heads to Brazil – IPBC Latin America 2019 unveiled with new focus on managing the IP lifecycle

IPBC Latin America will be held in São Paulo on 4 December 2019 to explore managing the IP lifecycle. This year WTR is teaming up with sister titles IAM and Latin Lawyer on the event, which will include a focus on brands.

18 Jul 2019

“An enormous opportunity” – IP provisions of EU-Mercosur Agreement lauded

The European Union and the Mercosur bloc of countries have agreed a comprehensive trade agreement that includes significant IP provisions that rights holders should be aware of. 

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29 Jul 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play. Read more

28 Jun 2019

PTO makes preparations for Brazil’s adhesion to the Madrid Protocol

The Brazilian Patent and Trademark Office has been making efforts to prove that it is ready for the Madrid Protocol, which is due to enter into force in October 2019. Read more

25 Jun 2019

Amazon TLD back in limbo as governments rail against e-commerce giant and ICANN

Amazon’s application for the ‘.amazon’ TLD is back on hold after the Colombian government lodged a request for ICANN to reconsider its decision to proceed with the applications.  Read more

18 Jun 2019

ICANN pushes back on government pressure, prepares to publish ‘.amazon’ PICs

ICANN has written to South American government figures, seeking to push back on pressure to rethink its decision to proceed with the ‘.amazon’ applications. Read more

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Anti-counterfeiting

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26 Feb 2019

Brazil calls for ‘.amazon’ delay, Swatch and Samsung face-off, and Lithuanian open IP data: news digest

In our latest round-up, we look at Jerry Seinfeld filing a lawsuit over a ‘counterfeit’ Porsche, a draft policy in India that could empower platforms to blacklist counterfeit sellers, and much more. Read more

7 Dec 2018

Perfect storm for counterfeits: why Brazil needs to be on the international radars

The economic recession has created conditions for a sharp increase in counterfeit products in Brazil’s physical and virtual marketplaces – making policing an urgent requirement for brands. Read more

1 Nov 2018

Brazil edges forward with Madrid Protocol, but IP uncertainty follows election of Bolsonaro

With far-right candidate Jair Bolsonaro’s victory in last week’s general election, local experts tell WTR that the new government could “cause complications” for Brazil's accession to the Madrid Protocol. Read more

16 Aug 2018

“What I saw in China 8 years ago, I am now seeing in Brazil”: insights from New Balance’s brand protection lead

We speak to Daniel McKinnon, head of global brand protection at New Balance, about his approach to trademark enforcement, “paltry” damages awarded in China, the problems of “parasite brands”, and much more. Read more

Brand management

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8 Jun 2019

Esports: an untapped market for both brands and law firms

The industry is still in its early days, but it is growing by leaps and bounds. Brands such as Coca-Cola and Champion have already jumped into the ring to capitalise on this marketing opportunity, but teams need help getting their portfolios up to scratch to better grow their businesses. Read more

29 Oct 2018

Amazon TLD moves forward but work remains before ‘.amazon’ becomes a reality

The ICANN board has decided that Amazon’s application for the ‘.amazon’ TLD should be moved from the ‘will not proceed’ designation, paving the way for future delegation of a string that has been in limbo for five years.  Read more

2 Aug 2018

Authorities should distinguish between ads and trademarks: exclusive interview with PepsiCo’s Sergio Barragan

We speaks with Sergio Barragan of beverage giant PepsiCo to discover his approach to managing the company’s extensive Latin American brand portfolio. Read more

13 Mar 2018

Procedures and strategies for pharmaceutical brands: Brazil

Brazil is a first-to-file jurisdiction, and therefore IP rights are acquired only when an application is filed and registered with the Brazilian Patent and Trademark Office. However, pharmaceutical trademarks fall under two separate and independent statutory regimes. Read more

Enforcement and litigation

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29 Jul 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play. Read more

14 May 2019

Procedures and strategies for anti-counterfeiting: Brazil

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. Read more

26 Apr 2019

Trademark Premier League: Manchester United crowned 2019 champions, as Messi pulls ahead of Neymar

With today’s World Intellectual Property Day celebrating the importance of IP in sports, research conducted by WTR finds that Manchester United has the most significant trademark portfolio of any global football club.  Read more

5 Apr 2019

China data to TMview this year, Brazil moves closer to Madrid, and Beckham versus Inter Milan: news digest

In our latest round-up, we look at luxury brands focused on Chinese e-commerce platforms, IP Australia opening a public consultation on fees, Red Points receiving funding injection, and much more. Read more

Goverment/policy

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12 Mar 2019

ICANN delays '.amazon' decision; tech giant's TLD remains in limbo

ICANN has passed a resolution that ends the organisation's efforts to lead a facilitation process aimed at settling a domain name dispute between Amazon and the Amazon Cooperation Treaty Organisation. Read more

11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern. Read more

6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

2 Feb 2018

Brazil on the rebound – service sector thrives, trademark backlog falls: exclusive data analysis

In our latest country data report, we identify the best performing brands in Brazil and review recent filing data to assess the health of the trademark landscape. Read more

Law firms

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26 Apr 2018

Private practice perspectives on diversity: “We must push forward in the name of achieving greater equality”

Law firm professionals reflect on the theme of this year’s World IP Day, which highlights the ingenuity and courage of the women who are driving change in our world. Read more

13 Feb 2018

Scientology trademarks, Brazil’s backlog impact and Leason Ellis victorious against solicitation scammer: news round-up

In our latest news round-up, we look at the impact of backlog measures in Brazil, the pros and cons of China’s rocketing trademark trajectory, and a new victory against trademark scammers. Read more

IP offices

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23 Jan 2019

INPI statistics reveal that only 14% of trademark applications are filed by foreign applicants

In a welcome development for mark owners, statistics released by the National Institute of Industrial Property indicate that there was a significant reduction in the backlog of trademark applications in 2018. Read more

17 Sep 2018

New rules for non-use cancellation actions: what you need to know

The Brazilian Patent and Trademark Office has issued Technical Note No 01/2018, which establishes new rules for non-use cancellation actions. This update highlights the key points for mark owners and petitioners. Read more

5 Jul 2018

"Planning for positive change": the law firm perspective on Brazil joining the Madrid Protocol

​​​​​​​After over a decade of discussion, Brazil looks increasingly likely to accede to the Madrid system. We speak to local law firm practitioners about how it is expected to impact their own practice and the wider trademark scene. Read more

2 May 2018

Brazil set to accept Madrid applications in early 2019; associations being kept “in the dark” over plans

The president of the Brazilian IP Agents Association reveals that it is expected the registry will begin accepting international applications early next year – but there is concern over a lack of information for local practitioners. Read more

Online

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1 May 2017

New decision highlights legal risks surrounding AdWords in Brazil

A recent decision on Google AdWords represents a paradigm shift in court thinking and sounds alarm bells for both advertisers and search engines doing business in Brazil Read more

Portfolio management

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8 Jun 2019

Esports: an untapped market for both brands and law firms

The industry is still in its early days, but it is growing by leaps and bounds. Brands such as Coca-Cola and Champion have already jumped into the ring to capitalise on this marketing opportunity, but teams need help getting their portfolios up to scratch to better grow their businesses. Read more

2 Aug 2018

Authorities should distinguish between ads and trademarks: exclusive interview with PepsiCo’s Sergio Barragan

We speaks with Sergio Barragan of beverage giant PepsiCo to discover his approach to managing the company’s extensive Latin American brand portfolio. Read more

13 Mar 2018

Procedures and strategies for pharmaceutical brands: Brazil

Brazil is a first-to-file jurisdiction, and therefore IP rights are acquired only when an application is filed and registered with the Brazilian Patent and Trademark Office. However, pharmaceutical trademarks fall under two separate and independent statutory regimes. Read more

28 Feb 2018

Changes in PTO's internal policy create challenges in trademark practice: what you need to know

Recent amendments to the internal policy of the Patent and Trademark Office have created new challenges in daily trademark practice, with those concerning trademark examination and proceedings remaining controversial. Read more

Trademark law

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29 May 2019

“Not totally prepared” – Brazilian Senate approves Madrid Protocol, but concerns raised over IP office readiness

After more than a decade of preparation for Brazil to join the Madrid Protocol, the Brazilian Senate has finally approved the agreement text. Local experts say that it will bring positive change, but questions arise over whether INPI will be ready for the predicted start date. Read more

25 Jan 2019

Litigation procedures and strategies: Brazil

Trademark registration may be considered null and void if granted contrary to the Industrial Property Act – for example, if the trademark lacks distinctiveness or is against the requirements of generally accepted ethical and proper practices. Read more

12 Sep 2018

Trademark procedures and strategies: Brazil

As a general rule, the Industrial Property Law states that ownership of a mark is acquired through a granted registration, following which the rights holder has the right to exclusive use of the trademark throughout the national territory. Read more

22 Aug 2018

Brazil on the path to Madrid

After over a decade of debate, Brazil is expected to join the Madrid Protocol next year. But while accession seems inevitable, local practitioners have mixed feelings about the move. Read more

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