Events

This Federal Law led to the inclusion of a new clause in Article 2 of the Brazilian IP Law, guaranteeing the protection of industrial property rights for electronic games through the granting of a videogame registration before the BPTO.

aimed to regulate the gambling and betting market in Brazil, reinforcing the terms of Law No. 14.790/2023 and updating the duties of sports bets to maintain users’ personal data, within the terms of the Law, to evaluate suspicious activities.

brought new benefits for the sports entities and athletes and their intellectual property goods – such as trademarks, emblems, anthems, mascots and image rights – inserted in context affected by sports bets; as well as reinforced the protection of personal data from users of the sporting bets interfaces.

brought new provisions on athlete´s image rights, the rights to broadcast images of sporting events and anti-counterfeiting measures aiming to protect sports entities. Established ambush marketing in sporting events as a crime in Brazilian Law, and increased criminal penalties for the crime of trademark counterfeiting.

Bruna Silvério Shoes ME vs. CL Brasil, Christian Louboutin SAS and Paloise SAS (The 1st Reserved Chamber of the TJSP upheld a decision granting the injunction requested by the aggravated parties, making it the first court decision in Brazil to recognize the red sole as a trade dress of the Louboutin brand, regardless of the lack of registration of a position or figurative mark for it).

PR Braun Passagens e Turismo LTDA vs. VP Viagens e Turismo LTDA – Establishes parameters for regulating keyword searches in relation to sponsored link services, recognizing the illegality of this practice when (i) the word acquired constitutes a registered trademark of a third party, (ii) the term is unrelated to the product or service offered by the parties and (iii) the parties offer competing services

Approves the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs, concluded in Geneva, Switzerland, on July 2, 1999

Establishes that authorization from the copyright holder is not necessary when creating a parody, as long as it has no commercial intent

Determined that holders of Brazilian patents that were licensed compulsorily are not required to provide all information so that the object protected by the patent is reproduced, as well as biological material and test data provided to ANVISA

Provides guidance regarding the patentability of inventions involving transgenic plants, with a focus on elite events”

Mailbox patent term is limited to 20 years from the day the application was filed

The 1st Reserved Chamber of the TJSP upheld a decision granting the injunction requested by the aggravated parties, making it the first court decision in Brazil to recognize the red sole as a trade dress of the Louboutin brand, regardless of the lack of registration of a position or figurative mark for it

CADE decides to close the case against car manufacturers based on alleged abuse of industrial property rights, holding that the mere exercise of exclusivity rights does not give rise to condemnation of the manufacturers. It also ruled that the conduct (attempting to prevent the manufacture and sale of auto parts by independent manufacturers) was not proven to constitute an abuse of industrial property rights.

The use of the trademark “Chandon” by the night club “Boate Chandon” does not cause confusion among consumers due to the difference between the activities carried out by the parties – Lack of repression of trademark free riding

CADE decides to close the case against car manufacturers based on alleged abuse of industrial property rights, holding that the mere exercise of exclusivity rights does not give rise to condemnation of the manufacturers. It also ruled that the conduct (attempting to prevent the manufacture and sale of auto parts by independent manufacturers) was not proven to constitute an abuse of industrial property rights.

Baidu vs. PSafe (The strategy used by Baidu, inducing the user to uninstall PSafe’s app, qualifies as unfair competition).

The strategy used by Baidu, inducing the user to uninstall PSafe’s app, qualifies as unfair competition

ANVISA’s analysis for the approval of new drug names will now be carried out through the gradual adoption of certain procedures, such as a search of the INPI’s trademark database to ascertain the existence of a trademark registration.

Established a repetitive thesis on jurisdiction in cases of nullity of trademark registration, establishing that only the Federal Court can order abstention from use of a trademark registered with the BRPTO.

Standards of the Brazilian Association of Technical Standards (ABNT) are not protected by copyright.

ABIFINA has no standing to file a Direct Action for the declaration of unconstitutionality.

Making music available on internet channels is considered a public performance that generates the obligation to pay copyright, even if the broadcast takes place via streaming.

The 3rd panel of the STJ ruled that a car manufacturer is not entitled to compensation from a competitor that ran an advertisement in which, when talking about prizes it had won, it mentioned a car from the first manufacturer

The mere existence of a previous business name is not sufficient to generate the nullity of an identical or similar trademark.

The Rio de Janeiro Court of Justice ordered Deuce beer to change its entire layout to differentiate itself from Duvel’s trade dress. The practically identical appearance of the beers was seen by the court as a sign of bad faith on the part of the Brazilian manufacturer.

The collection of copyright due to the availability of radio and pay-TV in hotel rooms and their premises is legitimate.

Copyright legislation is not valid for cases of trademark infringement, therefore the criteria for compensation established by the Copyright Law cannot be adopted in such cases.

Establishes new rules for registering domain names – Trademark holders no longer have preference for registering domain names in the clearance process

Patent holders must be notified before the patent expires, even in the case of late payment of the annuity fee (Resp 1.669.131).

The use of the name “Falha de São Paulo” (in english “Failure of São Paulo”) is hereby authorized as well as the operation of its website, due to its parodistic nature in relation to the performance of the newspaper “Folha de São Paulo” (in english “São Paulo Journal”), on the understanding that copyright law authorizes parody and protects the right to irreverent entertainment.

Publication of a list of plant species that have acquired local characteristics, i.e. that are now considered to be part of Brazilian biodiversity. As a result, their use for research and commercial purposes is governed by the Biodiversity Law and is subject to the sharing of benefits with the Federal Government, as well as registration with the Genetic Heritage Management Council (CGEN).

there is no trademark infringement in the use of the image and brand of a competitor’s product on packaging and advertising for exclusively informational purposes for the benefit of the consumer

Provides for the procedures for submitting the list of sequences in electronic form to complement the descriptive report contained in patent applications filed with the INPI

Reduction of BPTO’s interference in IP licensing agreements

Signing of a declaration formalizing the PPH pilot project, which allows the examination of a patent application at the BRPTO to be used to speed up analysis at the Japanese patent office and vice versa.

Reinforces the rights of the prior user of a trademark.

Provides for the registration of certification trademarks

Impossibility of arguing the nullity of a patent as a matter of defense before state courts.

Provides for the presentation and the regulations governing the use of collective trademarks.

Provides for the presentation and the regulations governing the use of collective trademarks

Reinforces the applicant’s rights to safeguard the reputation of a trademark.

Probability of confusion is enough for damages out of trademark infringement.