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18 October 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.

01 October 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.

18 September 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.

18 September 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.

16 September 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.

09 September 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. 

29 July 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.

18 July 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. 

28 June 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.

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.

25 January 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.

12 September 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.

22 August 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.

05 July 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.

02 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.