Brazil

Brazil is an important market for global brand owners, and the data is telling of this

The country has the largest trademark register in South America, and in 2019 it took a major step to improving its IP infrastructure through its accession to the Madrid Protocol

Brazil is an important market for global brand owners, and the data is telling of this
Online marketplaces in Brazil that should be on counterfeit enforcement radars
5 Aug 2021

Online marketplaces in Brazil that should be on counterfeit enforcement radars

In the first of a new regular series on WTR, we speak with leading law firms to identify the digital marketplaces that brand owners should monitor as part of their global anti-counterfeiting efforts. We begin today in Brazil.

Colin Caterpillar trademark spat; infamous wine counterfeiter deported; Dole brand expansion – news digest
16 Apr 2021

Colin Caterpillar trademark spat; infamous wine counterfeiter deported; Dole brand expansion – news digest

In our latest round-up, we look at Brainbase expanding its customer base, a new report that finds consumers trust tightly spaced logos, the Brazilian trademark office opening a public consultation, and much more.

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29 Jul 2021

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 Jun 2021

Superior Court of Justice: no exclusive rights over prefix derived from active ingredient of medicine

In this dispute between pharmaceutical companies Takeda and Cimed, the Brazilian Superior Court of Justice held that prefixes referring to the active ingredients of medicines cannot be appropriated as trademarks. Read more

11 May 2021

Procedures and strategies for anti-counterfeiting: Brazil

The growth of the Brazilian market and economy is paralleled by the increase in counterfeiting activities. Read more

8 Jan 2021

Brazil

Brazil is a signatory to the Paris Convention for the Protection of Industrial Property. Read more

Anti-Counterfeiting

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14 Aug 2020

Ben & Jerry’s gets political; Brazil to decide on iPhone mark; another Amazon anti-counterfeiting measure – news digest

In our latest round-up, we look at the Saudi Authority for Intellectual Property looking to regulate its IP industry, Instagram’s new Reels brand facing a trademark lawsuit, and much more. Read more

23 Jun 2020

Impact of covid-19 pandemic on industrial property field in Brazil

The latest statistics released by Brazil’s Patent and Trademark Office show a drop in the number of patent, trademark and industrial designs applications. In contrast, there has been a sharp increase in the number of cases involving counterfeit medicines in the first months of 2020. Read more

23 Apr 2020

Procedures and strategies for anti-counterfeiting: Brazil

Lawsuits on the grounds of trademark infringement are prosecuted before state courts and through private criminal prosecution brought by the rights holder. Read more

17 Mar 2020

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. Read more

Brand management

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2 Dec 2020

Why owners of famous trademarks can benefit from local recognition in Brazil

Protection for highly renowned trademarks is set out in Brazil’s Industrial Property Law and securing such recognition can be key when it comes to enforcing rights both within the administrative sphere and before the courts. Read more

12 Oct 2020

One year of Madrid in Brazil – IP office claims success, local experts voice concerns

The Brazilian Intellectual Property Office has described last year’s implementation of the Madrid Protocol as "successful"– but local experts claim a number of issues remain for domestic and foreign brand owners. Read more

8 Jul 2020

Diversity and inclusion: what success looks like in the trademark environment

Trademark experts offer critical insight into the creation, maintenance and monitoring of meaningful diversity and inclusion programmes. Read more

4 Jun 2020

An inside look at Lego’s Latin American brand protection operations

In June 2019 Arturo Ishbak Martínez joined Lego Group to become its first senior counsel for Latin America. One year on, he sits down with WTR to provide insight into the company’s brand protection approach. Read more

Enforcement and Litigation

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31 Dec 2020

Trademarks during covid: exclusive insights from law firm experts in Brazil

WTR presents exclusive insights on how the events of 2020 shaped the trademark practice of Andréa Possinhas and Isadora Lima at Gruenbaum, Possinhas & Teixeira in Brazil. Read more

2 Jan 2020

Twenty counterfeiting hotspots to be aware of in Latin America

Although Asia is often seen as the centre of global counterfeiting activity, sales of fake goods are rising across Latin America. We present 20 markets in the region that are particularly problematic for brand owners. Read more

12 Dec 2019

Litigation procedures and strategies: Brazil

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4 Oct 2019

CN Tower trademark dispute, Madrid System begins in Brazil, and AAFA Amazon criticism: news digest

In our latest edition, we look at how surnames are now registrable in Saudi Arabia, controversy following a trademark being refused registration by the UKIPO, brands being urged to encourage voter registration, and much more. Read more

Government/Policy

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4 Dec 2020

Gender pay gap reports a necessary diversity tool for Latin American law firms, experts urge

While most firms ensure that no specific role is paid differently due to gender, a gender pay gap report lays bare whether a firm has men over-represented in the highest-earning positions. Read more

25 Jun 2020

Brazilian IP office looks to a brighter future following turbulent few years

An IP expert reveals that the Brazilian National Institute of Industrial Property is in a “better place” today than it was last year – although its future success hinges on effective collaboration with WIPO and adopting a regulation for IP agents. Read more

18 May 2020

ICANN seeks to draw line under Amazon ‘.brand’ spat with South American governments

Göran Marby, president and chief executive officer of ICANN, has written a communication which seeks to draw a line under an eight-year battle that has raged over Amazon’s application for its ‘.brand’ top-level domain. Read more

6 Apr 2020

Cannabis legislation opens the door for pharmaceutical brands in Latin America

With new legislation regulating the use of cannabis-based medicines in Argentina and Brazil, the emerging market is an open playing field for pharmaceutical brands looking to make their mark in Latin America. Read more

Law Firms

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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. 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

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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4 Jan 2021

Fame in South America: how to establish and wield well-known status

Renown is a powerful tool for trademark practitioners, but when seeking to establish and utilise it in Central and South America, local nuance is all important. Read more

17 Dec 2020

“Not sure it is the right time”: practitioners question Chile’s move to approve the Madrid Protocol

Local experts have expressed concern that the country’s existing legal structures may not be ready to handle international registrations after joining the Madrid Protocol. Read more

24 Sep 2020

Recent news from the Brazilian PTO: what you need to know

Trademark owners and practitioners should take note of two pieces of news - regarding the division of applications/registrations and trademark co-ownership - that the Brazilian Patent and Trademark Office recently published on its website. Read more

18 Oct 2019

Brazil’s accession to the Madrid Protocol – what you need to know

Following the coming into force of the Madrid Protocol in Brazil on 2 October 2019, this update reviews the key aspects that foreign legal entities and individuals seeking to file applications designating Brazil should take into consideration. Read more

Online

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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

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

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

Portfolio Management

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20 Aug 2019

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. Read more

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

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. 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

Trademark law

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1 Oct 2019

Brazil accedes to the Madrid Protocol: an inside story – and what happens next?

Heralded as a breakthrough, Brazil’s accession to the Madrid Protocol is a landmark development for the international trademark system. We take a closer look at this move and the lessons that can be learnt from it. Read more

18 Sep 2019

Trademark litigation in Brazil: 12 key questions answered

In the second part of this focus on enforcement in Brazil series, 12 key questions on litigation processes and strategies are answered. Read more

18 Sep 2019

Laying the groundwork for enforcement success in Brazil

Litigation success in Brazil is ultimately rooted in an understanding of the law and the strategic approach adopted. In the first of a two-part article, João Vieira da Cunha and Jaddy M A P Messias of Gusmão & Labrunie answer five key questions about the pre-litigation phase. Read more

16 Sep 2019

An inside view on Brazil's accession to the Madrid Protocol

Brazil’s accession to the Madrid Protocol is a landmark development for the international trademark system. Tove Graulund of Graulund Consulting provides her take on this move and the lessons that can be learned from it. Read more