Hot topic – BPTO starts issuing office action on access to the genetic heritage
As of February 27, 2018, the Brazilian Patent and Trademark Office (BPTO) started automatically issuing a formal office action for all patent applications filed in Brazil regarding the access to National Genetic Heritage and/or Associated Traditional Knowledge. According to the Biodiversity Law, the applicant who has accessed the National Genetic Heritage and/or Traditional Associated Knowledge (...)
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Hot Topic – Use of image of a professional soccer player in a video game
A recent decision¹ rendered by the State Court of São Paulo affirmed that the unauthorized use of image (likeness) of a professional soccer player in a video game results in civil damages. In this case, a soccer player filed a lawsuit against the developer of the game “Pro Evolution Soccer” due to the unauthorized use (...)
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Murta Goyanes Advogados is recognized by Global Chambers 2018
Murta Goyanes Advogados is once again ranked in the international publication Global Chambers & Partners, among the world’s leading law firms. The ranking’s 2018 edition indicated the firm for its intellectual property and entertainment practices. The founding partners Antonio Murta Filho and Marcelo Goyanes were also nominated for their outstanding performance.
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Hot Topic – Claim of Unconstitutionality against ANVISA is dismissed
The Brazilian Supreme Court dismissed the Claim of Unconstitutionality filed by the National Industry Confederation against a Resolution issued by the National Health Surveillance Agency (ANVISA), which bans the addition of aroma and flavor to cigarettes. The Court discussed ANVISA’s authority to issue this Resolution. Due to the tied vote, with five votes against and (...)
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Client Alert – BPTO implements PPH pilot project with SIPO
On January 30, 2018, t he Brazilian Patent and Trademark Office (BPTO) published Resolution No. 209, which implements the Patent Prosecution Highway (PPH) pilot project with the State Intellectual Property Office of the People’s Republic of China (SIPO). Following the traditional PPH format for international cooperation, a patent application may be fast-tracked at the Office (...)
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Hot Topic – BPTO issues its Action Plan for 2018
The Brazilian Patent and Trademark Office (BPTO) has recently issued its Action Plan for 2018, which defines guidelines, goals and initiatives that will guide its activities throughout the year. We would like to point out the following goals pointed out by the institute to tackle the patent backlog: (a) review and republish the Resolution No. (...)
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Hot Topic – Comparative advertising
According to a recent decision¹ issued by the State Court of São Paulo, comparative advertising results in indemnification when it is considered derogatory. In the case at hand, the Court held that the use of the sentence “If you do not behave, Santa Claus will bring you Itaipava” in the advertisement of another beer company (...)
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Murta Goyanes is recognized by World Trademark Review 2018
Murta Goyanes Advogados was recognized again by World Trademark Review 2018 as one of the top tier law firms in Brazil. The international publication annually brings together the main trademark law firms and professionals from around the world. The firm’s partners Antonio Murta Filho, Marcelo Goyanes and Luiza Duarte were also recommended by their clients (...)
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