Prior Knowledge of a Foreign Trademark is Sufficient to Cancel Registration in Brazil, Decides Federal Court

The Regional Federal Court of the 2nd Region (TRF-2) ruled that prior knowledge of a trademark registered abroad is sufficient to cancel a registration in Brazil. The case involved the Australian brand “Deus Ex Machina”, which, after discovering that a Brazilian company had registered the trademark in bad faith, managed to cancel its registration in Brazil.

 

The decision was based on article 124 of the Industrial Property Law (IPL), which protects foreigner trademarks against unauthorized registrations in Brazil. According to the rapporteur, it is sufficient to prove that one knew or should have known the trademark for the registrations to be declared null and void, regardless of whether it is notoriously known in Brazil or not.

 

It is surely a sign of an important milestone for our intellectual property system, as it faces abusive practices of misappropriation of trademarks through registrations meant to to unfairly exploit third parties. Therefore, the court reaffirms the protection of international brands in Brazil and curbs the common practice of “squatting,” in which companies or individuals attempt to profit from the registration of trademarks of renowned international companies that have not yet registered them locally.

 

 

In addition, decisions like this should increase the confidence of foreign companies in our industrial property protection system by ensuring that they will not be harmed by bad faith attempts of registration. It demonstrates that Brazilian market is also an interesting object of investment, since there is legal certainty and respect for international intellectual property standards, rigorously enforced by the courts.

 

For companies that wish to operate in global markets, brand protection is a valuable asset, and decisions like this must encourage them to invest in their intellectual property registrations, both in Brazil and internationally. On the other hand, bad faith parties should be aware of their actions, for there is a set of legal strategies to protect the legitimate owners.

 

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Author: Carlos Roberto Parra and Cesar Peduti Filho, Peduti Advogados.

Source: Ter conhecimento de marca no exterior anula registro no Brasil, diz TRF-2 (https://www.conjur.com.br/2024-set-01/ter-conhecimento-previo-de-marca-e-registra-la-basta-para-anular-registro/)

 

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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.

Brazilian Space Agency Implements New Intellectual Property Policy to Boost Technological Innovation

The Brazilian Space Agency (AEB) introduced a comprehensive Intellectual Property Policy aimed at enhancing the management and commercialization of its intellectual assets. This initiative seeks to drive scientific and technological progress, positioning Brazil as a key player in the global space sector.

 

The Brazilian Space Agency (in Brazil, AEB) has announced the implementation of its new Intellectual Property Policy through Ordinance No. 1,520, dated July 15, 2024. This measure took effect on August 30, 2024, and aims to strengthen the management, exploitation, transfer, and promotion of AEB’s intellectual property assets, highlighting its role in Brazil’s scientific and technological development.

 

Established on February 10, 1994, the AEB is an autonomous agency linked to the Ministry of Science, Technology, and Innovation (in Brazil, MCTI), serving as the central body of the National System for the Development of Space Activities (in Brazil, SINDAE). Its primary responsibility is to formulate, coordinate, and implement the Brazilian Space Policy, with the goal of promoting the sovereign and efficient use of the space sector for the benefit of society.

 

The new intellectual property policy sets clear guidelines for managing inventions, utility models, industrial designs, trademarks, software, and other creations developed by the agency. The AEB will be responsible for cataloging and strategically managing these assets, promoting their use and commercialization without transferring ownership of the rights. Additionally, the document outlines licensing modalities, both exclusive and non-exclusive, allowing the granting of usage rights for these creations in exchange for financial and non-financial considerations, such as goods, scholarships, and training programs.

 

 

The policy also allows for the negotiation of exclusive licenses in the case of joint developments, with specific compensations. In situations involving licenses of national defense interest, the Ministry of Defense will be consulted.

 

Encouraging intellectual production is one of the document’s priorities, benefiting civil servants, military personnel, employees, and students involved in the agency’s projects. The policy also establishes that if intellectual property rights are not exploited within the stipulated deadlines, they will revert to the AEB, ensuring that assets do not remain inactive.

 

The economic gains generated by the exploitation of intellectual property assets will be managed by support foundations and reinvested in new science, technology, and innovation activities. With this policy, AEB aims to increase the transfer and licensing of its assets, stimulating technological progress and promoting the sustainable development of Brazil’s space sector.

 

Through this initiative, the Brazilian government demonstrates its commitment to fostering the country’s intellectual and technological advancement, seeking to make Brazil more competitive on the global stage and attract foreign investments to the space sector.

 

As this is a new subject with many nuances and approaches, it is worth contacting a lawyer who specialises in intellectual property to understand the subject. Peduti Advogados can help you with this.

 

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Author: Marília de Oliveira Fogaça and Cesar Peduti Filho, Peduti Advogados.

Source: Agência Espacial Brasileira institui sua Política de Propriedade Intelectual https://www.gov.br/aeb/pt-br/assuntos/noticias/agencia-espacial-brasileira-institui-sua-politica-de-propriedade-intelectual

 

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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.

SÃO PAULO COURT ORDERS META NOT TO USE USER DATA FOR ADVERTISING PURPOSES

In Brazil, the court of justice of the state of São Paulo has issued an injunction prohibiting the company META, which owns the social networks Instagram, Facebook and Whatsapp, from using its users’ data for advertising purposes.

 

The decision was the result of an injunction arising from a public civil action by the Federal Public Prosecutor’s Office and the Consumer Protection Institute, which claim that WhatsApp violated rights by forcing its users to accept a rule that shares personal data with other companies of the group, which would characterize an abusive practice. Also, the new privacy policy would be sparse and generic.

 

The Data Protection Act (LGPD) has proved to be extremely important for this case, since, when applied to social networks, it guarantees that the user must have the right to: Consent to data collection, with clear information on what data will be collected and its purposes, transparency and security

 

 

The decision correctly follows the data protection Brazilian legislation, since, understanding that the policy presented by the META group was abusive and unclear about the sharing of information, it should prevent the data from being spread for other purposes.

 

In this way, users are promoted a safer environment on social networks, so that large companies don’t misuse sensitive data. With the injunction, users can be more confident that the protection of their data is being guaranteed and is correctly protected by legislation. 

 

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Autores: Daniela Russo, Advogada Junior e Cesar Peduti Filho, Peduti Advogados

Fontes: https://www.meioemensagem.com.br/midia/justica-de-sp-proibe-meta-de-usar-dados-do-whatsapp-para-anuncios 

 

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Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.

If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.