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According to a recent decision¹ issued by the Administrative Council for Economic Defense (CADE), the Brazilian antitrust agency, enforcing exclusive rights over industrial designs does not constitute anticompetitive conduct. In this case, three renowned automakers adopted several judicial and extrajudicial actions to enforce their industrial design rights against aftermarket auto parts. The National Association of (...)

According to a recent decision¹ issued by the State Court of São Paulo, the act of inducing consumers to uninstall competing app based on false assertions constitutes unfair competition. In this case, the anti-virus app Du Speed Boster, owned by the Chinese company Baidu, issued alerts to its users suggesting that the competing Brazilian app (...)

  On March 7, 2018, the National Film Agency (ANCINE) issued a notice requiring that all economic agents registered before ANCINE update the information on their company level and the Brazilian Product Certificate (“Certificado de Produto Brasileiro”) of their audiovisual works. The measure will reduce bureaucracy and expedite ANCINE’s regulatory and fund raising procedures. The (...)

According to a recent decision¹ issued by the 1st Federal Court of Assis, São Paulo, the mere fact that an ingredient is not included in the Brazilian Health Regulatory Agency (“Anvisa”)’s regulations, without confirmation of potential health damage, cannot be considered an obstacle to the renewal of beverage registrations. In this case, a beverage company (...)

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 (...)

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 (...)

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.

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 (...)