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Brazil

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.

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

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.

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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

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

11 Dec 2018

UAE counterfeit seizures, Brazil predicted for 2019 Madrid accession, and Lacoste scores big win: news round-up

In our latest round-up, we look at new gTLDs on the rise, consumer trust in big brands, a General Court decision involving TMview, considering a trademark audit, 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

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Anti-counterfeiting

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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

24 May 2018

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

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

18 May 2017

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, as well as the relevant rules of the Federal Constitution, the Civil Code, the Criminal Code, the Civil Procedure Code, the Criminal Procedure Code and administrative statutory instruments. Read more

Brand management

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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

1 May 2017

Tales of a market (milk)shake-up

What happens when consumers and the law have different understandings of what makes a brand? Bob’s Ovomaltine milkshake provides a useful case study on the interplay between branding and customer perception Read more

3 Aug 2016

An IP marketing revolution? Changing attitudes to marketing in Latin American law firms

With an increasingly competitive IP legal market in Latin America, law firms are having to adapt and grow their marketing activity to stand out from the crowd. While little attention has been paid to marketing strategies in the past, today sees significant investment being made to effectively cut through the cluttered IP market. This week, the WTR 1000 research team looks at how Latin American IP law firms, big and small, have evolved their marketing in recent years. Read more

Enforcement and litigation

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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

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

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

Goverment/policy

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28 Nov 2016

Brazil signals Madrid Protocol intent; “vast majority” of local trademark practitioners concerned

The Brazilian government has confirmed that it intends to join the international trademark system by mid-2018. One expert argues that the country’s trademark office is far from ready. Read more

27 Jun 2016

What is new with disclaimers?

In February 2016, the Brazilian Patent and Trademark Office issued Resolution 161/2016 in order to standardise internal procedures relating to disclaimers to be applied when granting trademark applications. 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

IP offices

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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

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

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. 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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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

11 Dec 2017

Protecting and enforcing design rights: Brazil

The legal provisions for industrial designs are included in the Industrial Property Law. This law is supplemented by normative acts which regulate the National Institute of Industrial Property (INPI). The most recent of these are Normative Acts 44/2015 and 45/2015. Read more

1 May 2017

Tales of a market (milk)shake-up

What happens when consumers and the law have different understandings of what makes a brand? Bob’s Ovomaltine milkshake provides a useful case study on the interplay between branding and customer perception Read more

29 Mar 2017

Trademark procedures and strategies: Brazil

In Brazil, trademarks are governed by the Law on Industrial Property (9,279/1996). Brazil is a party to the following international treaties: the Paris Convention for the Protection of Industrial Property; the Agreement on Trade-Related Aspects of Intellectual Property Rights; and the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks. Read more

Trademark law

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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

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

trending

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

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Procedures and strategies for pharmaceutical brands: Brazil

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

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Trademark procedures and strategies: Brazil

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United States slides, Germany continues to rule: counsel rate court systems across the globe

latest

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Litigation procedures and strategies: Brazil

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

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UAE counterfeit seizures, Brazil predicted for 2019 Madrid accession, and Lacoste scores big win: news round-up

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

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Steven Garland
Partner
Ottawa ON, Canada
Smart & Biggar
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