News

In deciding Special Appeal No. 1353451-MG, the Brazilian Superior Court of Justice held that denying court expert analysis in a case about unfair competition due to trade dress infringement constitutes limitation of defense and violates due process. Although a product’s trade dress is not subject to registration, it is protected by means of the legal (...)

In deciding Special Appeal No. 1673450 / RJ, the Brazilian Superior Court of Justice confirmed its understanding that the protection of corporate names are statewide, while trademark protection is national. Therefore, a prior corporate name is not sufficient to nullify a trademark registration. The companies must also be engaged in the same business activities. The reasoning was (...)

On November 7, 2017, the Brazilian Patent and Trademark Office (BPTO) published Resolution No. 202, which implements the Patent Prosecution Highway (PPH) pilot project with the European Patent Office (EPO). Following the traditional PPH format for international cooperation, a patent application may be fast-tracked at the Office of Later Examination (OLE) where a member of (...)

On November 8, 2017, the Brazilian Supreme Court upheld the constitutionality of several provisions of Law No. 12,485/2011, commonly known as the Paid TV Act. The imposition of quotas for national and independent content was declared constitutional, as well as the rules of cross-ownership, which prevent the exploitation of the content market by telecommunications companies, (...)

Founding partner of Murta Goyanes Advogados, Antonio Murta Filho will attend of the INTA´s Leadership Meeting in Washington D.C. (USA), until next Friday, Nov 10th. Murta is a member of the “Famous and Well-Known Marks Committee”.  

Associate of Murta Goyanes Adgovados, Caroline Dunker Fucci attends the XI Congress of Copyright and Public Interest (C0DAIP), in Curitiba, PR, on Nov 06th and 07th. Open to the general public, the event aims to discuss the need for copyright law reform within the cultural and technological context of Brazilian society. Caroline takes part of (...)

On October 25, 2017, the Superior Court of Justice published newsletter No. 612, in which the 3rd Panel of the Court ratifies the need of an expert’s evidence in order to verify unfair competition arising from trade dress infringement. The decision was rendered in connection with the special appeal No. 1.353.451-MG, and the Reporter Justice (...)

The Brazilian Film Agency – ANCINE launched a public consultation about the revision of its regulation regarding management of economic exploitation rights over audiovisual projects produced with federal public resources. Among the aspects brought by the Consultation, the following stand out: (i) the concept of “managing power”; (ii) the division of copyrights over the works; (...)