Supreme Federal Court declares unconstitutional wording of the BR Industrial Property Law that allowed the extension of the patent term.
The Supreme Federal Court (STF) decided, this Thursday (May 6th), for the unconstitutionality of the sole paragraph of article 40 of the Industrial Property Law (LPI), which provides for the proportional increase of the patent term if the Brazilian Patent and Trademark Office (BPTO) takes more than ten years to analyze applications for a patent (...)
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BPTO and SEBRAE sign cooperation agreement for stimulating the use of IP by small and medium enterprises.
On April 30, 2021, the Brazilian Patent and Trademark Office (BPTO) and the Brazilian Micro and Small Business Support Service (Sebrae) signed a cooperation agreement aiming at stimulating the use of Industrial Property (IP) by small businesses. The event took place in accordance with this year’s theme of World Intellectual Property Day, “IP & SMEs: Taking (...)
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Superior Court of Justice declares the nullilty of trademark registration for “Fogo Olímpico” due to lack of authorization from the Brazilian Olympic Committee (“COB”).
The 4th Panel of the Superior Court of Justice (“STJ”) annulled the trademark registration for “Fogo Olímpico”, which identified alcohol and ethyl alcohol1. The decision was rendered in a lawsuit filed by COB seeking the nullity of this registration based on its exclusive rights to use of Olympic symbols and expressions that allude to the Olympics. The lower court and the Federal Court of Appeals for the 2nd Region dismissed the (...)
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Louis Vuitton, Cartier and Prada combat counterfeiting through a blockchain-based project.
The luxury brands Louis Vuitton, Cartier and Prada decided to come together to launch a certificate of authenticity based on blockchain technology, through a project called Aura Blockchain. The main purpose of this project is to offer an extra guarantee of authenticity of the products. Through this service, the customer will be able to trace the path taken from (...)
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Superior Court of Justice applies the principle of patent territoriality in a case involving FIFA and the “vanishing spray” in football matches.
In a recent judgment, the 3rd Panel of the Superior Court of Justice (“STJ”) recognized that a Brazilian patent can only produce effects on acts that occurred in Brazil1. The “vanishing spray” is a device used by referees to mark the distance from the barrier to the ball in situations of fault, developed in 2000 (...)
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Preliminary Injunction seeks suspension of patent for anticoagulant used in Covid-19 treatments.
On April 9, 2021, the pharmaceutical company EMS filed a preliminary injunction seeking the suspension of the patent for the anticoagulant Rivaroxabana, used in the treatment of Covid-19 virus. The request was made two days after a favorable decision was issued by the Minister of the Supreme Federal Court, Dias Toffoli, for the unconstitutionality of (...)
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World Intellectual Property Day.
Today we celebrate the World Intellectual Property Day. Created by the World Intellectual Property Organization in the year 2000, this date reinforces the importance of intellectual property to foster innovation and creativity. We, from Murta Goyanes, are pleased to work in all areas of Intellectual Property Law, becoming part of projects related to culture, technology (...)
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International Comparative Legal Guide to: Trade Marks 2021.
Murta Goyanes Advogados was invited to contribute to the renowned publication “International Comparative Legal Guide to: Trade Marks 2021”. The lawyers Luiza Duarte and Tatiana Ortiz drafted the chapter about Brazil, the content of which is available in the link: https://iclg.com/practice-areas/trade-marks-laws-and-regulations/brazil.
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