The importance of trademark registration in Brazil

The importance of trademark registration in Brazil

Trademark registration protects the interests of the company. Its brands are among the most important assets of a company. When well cared for, a brand can generate a constant inflow of profits through direct or indirect exploitation, as it is the main link between the business and the customer.

Through trademark registration, the following rights are granted: (i) exclusive use throughout the national territory, in its market segment and (ii) the right to prevent unauthorized third parties from making use of the same or similar expressions.

In addition, if the trademark is used without being registered, at any time the company can be forced to stop using by others who were more cautious and registered the mark in the first place.

The trademark also brings credibility to the establishment.

The importance of trademark registration in Brazil

In addition, the trademark allows its owner to license or franchise its business, increasing its income without ceasing to be the owner of the brand.

In Brazil, the registration of trademark takes place before the Brazilian Patent and Trademark Office (BPTO).

The trademark registration must be requested from the BPTO by filling out a specific form, which must be delivered along with the image file. 

The procedures may seem simple, but they are not. From the initial research to the chosen categories, the whole process requires extensive practical and theoretical knowledge, which is why Peduti Advogados Associados provides services for depositing and monitoring brands through a highly qualified team.

Author: Thaís de Kássia Rodrigues Almeida Penteado, Attorney at law, Senior Associate & Head of Litigation at Peduti Advogados.

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

The Microsoft’s patent that enables to digitally reincarnate a person as a chatbot

The Microsoft’s patent that enables to digitally reincarnate a person as a chatbot

On December 01, 2020, the United States Patent and Trademark Office (USPTO) published the patent US 10,853,717 B2, filed by Microsoft, which presents the possibility of digitally reincarnating a person as a chatbot.

To do that, Microsoft intends to use social data, such as images, voice data, social media posts, electronic messages and written letters, to train an artificial intelligence that, throughout machine learning, will be able to mimic a person.

According to patent’s abstract ‘The social data may be used to create or modify a special index in the theme of the specific person’s personality. The special index may be used to train a chat bot to converse in the personality of the specific person. During such conversations, one or more conversational data stores and/or APIs may be used to reply to user dialogue and/or questions for which the social data does not provide data.’.

The idea of using social data to create a simulacrum of a person has already been presented in fiction, notably in Black Mirror tv series. The first episode of the second season (‘Be Right Back’) tells the story of a young woman whose boyfriend is killed in a car crash. While mourning him, she discovers that technology allows her to communicate with an artificial intelligence that imitates her boyfriend.

The Microsoft’s patent that enables to digitally reincarnate a person as a chatbot
Fonte: www.forbes.com/

In real life, on February 06, 2020, a Korean TV show used virtual reality to reunite a mother with her seven-year-old daughter who died in 2016. For eight months, the production team has used VR technology to implement the late child’s face, body, and voice into an interactable virtual character.  

Despite the ethical issues of ‘bringing someone back from the dead’, it is important to note Microsoft’s patent does not indicate the specific purpose of creating a chatbot of a deceased person. 

As a matter of fact, for Microsoft the use of social data to create a person’s chatbot is much more useful to help the company to improve its own customer service chatbots, as well as a enabling the creation of an efficient AI assistance.

On the other hand, though, the malicious use of such technology may increase the cases of identity theft. If it is common to see the hacking of social media accounts to perpetrate the sending of spam or malicious links, the use of a chatbot interpreting a person hacked may raise the numbers of such crimes due to the difficulty to identify the real source, if it was truly sent by the person or by a chatbot emulating him. 

Lawyer Author of the Comment: Carlos Eduardo Nelli Principe

Source | Source | Source | Source | Source

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”

Regulations of software patents in Brazil

In August 2020, The Brazilian Trademark and Patent office (INPI) created a guideline stating rules for the examination of patent implemented through software.  The guideline was published for a public consultation and suggestions by interested parties. 

After reviewing the suggestions, INPI issued a final guideline that will be used for examination of software related patents in Brazil. 

It is important to mention that as the software-related patents are based on a process, so it only can be registered as an invention patent and have to comply with the requirements established on the Brazilian law. 

Moreover, the Brazilian law does not allow a patent of a software itself.

It is mandatory the relation with a device, so the product can be patented or the device functionality. 

Peduti Advogados has patent attorney specialized on patent matters, if you have any question regarding a software-related patent and the requirements feel free to contact us.

Lawyer Author of the Comment: Laila dos Reis Araujo

Source

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”