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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.

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.

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.

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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

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

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

Anti-Counterfeiting

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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

7 Feb 2020

Can anything stop Amazon?

The brand is on a roll with a show-stopping 2019, but the future is not without challenges. 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

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

Brand management

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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

10 Sep 2019

24 counterfeit hotspots that you should be aware of in Brazil – part two

In the second part of our look at physical marketplaces that reportedly engage in the counterfeit goods trade in Brazil, we look at locations that brand owners should know from the central and southern regions of the country. Read more

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

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

Enforcement and Litigation

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12 Dec 2019

Litigation procedures and strategies: Brazil

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

9 Sep 2019

24 counterfeit hotspots that you should be aware of in Brazil – part one

In a special two-part edition of our series on physical marketplaces around the world that reportedly engage in the trade of counterfeit goods, we head to Brazil. Read more

Government/Policy

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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

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

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

Law Firms

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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

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.

IP Offices

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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

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

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

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

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

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

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

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

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

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

Trademark law

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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

22 Aug 2018

Twitter

13 Aug 2020

@WTRmagazine RT @WTRmagazine: Indie devs and trademarks: exclusive research reveals brand protection issues of independent video games. https://t.co/L00… Read more

13 Aug 2020

@WTRmagazine RT @WTRmagazine: ”I decided to take up the challenge” – IP director at MF Brands on communicating intellectual property to the C-suite. htt… Read more

13 Aug 2020

@WTRmagazine RT @WTRmagazine: Making sense of China’s case-by-case examination principle in trademark refusal reviews. https://t.co/0d7AB15rvc https://t… Read more

13 Aug 2020

@WTRmagazine RT @WTRmagazine: Sugargoo launches: new Chinese shopping agent targets marketing to counterfeit buyers. https://t.co/k6UIwp53oA https://t.c… Read more

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Samson Gang Yu

Managing Partner

Beijing, China

Kangxin Partners, PC

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