Month: July 2025

The Industrial Property Law (Law No. 9.279/1996) governs rights and obligations related to industrial property in Brazil, ensuring protection for trademarks, patents, industrial designs, and geographical indications, among others. These rights aim to guarantee the exclusive use of creations and distinctive signs within Brazilian territory, encouraging innovation, fair competition, and technological and economic development. Registration or granting by the Brazilian Patent and Trademark Office (BPTO) is essential for constituting ownership rights over such assets, granting the holder the prerogative to prevent unauthorized use by third parties.

 

The protection granted by the law is limited in time and scope: for example, invention patents are valid for 20 years and utility models for 15 years from the filing date, while trademarks are protected for 10 years, renewable indefinitely for equal periods. The law also provides for mechanisms such as nullity actions, forfeiture, and compulsory licensing, which seek to balance exclusive rights with public interest, ensuring access to knowledge, technology, and fair market conditions.

 

 

Recently, the Brazilian Congress took steps toward broadening the scope of intellectual property protection by approving, in committee, a bill that recognizes property rights over original sports movements created by athletes. The proposal allows athletes to register and secure exclusive rights over unprecedented technical gestures or sequences recognized by official sports bodies. This initiative seeks to value and protect athletes’ creativity and technical contributions, positioning these movements similarly to inventions or artistic creations under intellectual property law.

 

If passed into law, this measure could open new avenues for athletes to commercially exploit their originality — for instance, through licensing agreements, endorsements, or exclusive use in competitions. However, it also presents complex legal and ethical challenges regarding enforcement, the definition of originality, and the potential impact on the dynamics of sports training and competition. Could the privatization of sports techniques lead to restrictions that conflict with the principles of fair play and accessibility that underpin sport itself? This remains a topic for thoughtful debate as the proposal advances through Brazil’s legislative process.

 

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Author: Enzo Toyoda Coppola, Thaís de Kássia R. Almeida Penteado and Cesar Peduti Filho, Peduti Advogados.

Source: Comissão aprova direito de propriedade sobre movimento esportivo inédito desenvolvido pelo atleta + https://www.camara.leg.br/noticias/1170296-comissao-aprova-direito-de-propriedade-sobre-movimento-esportivo-inedito-desenvolvido-pelo-atleta/

 

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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.”

The tech giant now has a seat at the table in shaping advertising ethics in Brazil — a move that marks a turning point for digital platforms and self-regulation.

 

In a groundbreaking move, Google has officially joined the Conar (Brazil’s National Advertising Self-Regulation Council), becoming the first big tech company to participate directly in the country’s leading advertising regulatory body.

 

Until now, digital platforms have taken part in Conar’s discussions indirectly, through industry groups like IAB Brasil. With this direct membership, Google now gains full voting rights and a more active role in shaping how ethical guidelines are developed and enforced across both traditional and digital media.

 

This milestone comes at a critical moment. The Brazilian Supreme Court is currently evaluating whether tech platforms should be held accountable for illegal content — including ads — posted by users, even without a court order. Most justices have already voted in favor of this direct liability, a shift that could reshape digital operations across the country.

 

 

Beyond policy influence, Google’s participation in Conar comes with concrete tools. The company now has access to the Priority Flagger system — a dedicated channel for flagging potentially harmful or non-compliant ads. Google will also take part in the recently created Content Council, a body tasked with developing ethical advertising guidelines for an evolving media landscape.

 

For Sergio Pompilio, Conar’s president, Google’s arrival signals a new era of cooperation between traditional and digital media players. Meanwhile, Fábio Coelho, president of Google Brazil, emphasized the company’s commitment to building a healthier and more trustworthy advertising ecosystem.

 

This step toward greater transparency and collaboration not only reflects the maturity of Brazil’s advertising market but also sets a precedent for how big tech and regulatory frameworks can evolve together. As digital influence grows, shared governance may be the key to more responsible communication.

 

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Author: Marília de Oliveira Fogaça, Thaís de Kássia R. Almeida Penteado and Cesar Peduti Filho, Peduti Advogados.

Source: Google se torna a 1ª big tech a fazer parte do Conar + https://www.poder360.com.br/poder-midia/google-se-torna-a-1a-big-tech-a-fazer-parte-do-conar/

 

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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.”

In a recent lawsuit in a court in the state of São Paulo, the claims were granted based on the recognition that the trademark registration duly granted before the BPTO takes priority over any previous use of the trademark.

 

In this particular case, the plaintiff, Haras Rosa Mystica, obtained the registration of its mixed trademark “POTRO DO FUTURO” on December 19, 2017. In light of this, it filed a trademark non-use action against the Brazilian Quarter Horse Breeders Association, alleging unauthorized use of the mark. However, in its defense, the defendant claimed that it has been using the expression “POTRO DO FUTURO” since 1976, that is, prior to the plaintiff’s trademark application.

 

Meanwhile, despite the defendant’s evidence of prior use, the judge held that, under the Industrial Property Law, the protection granted by the BPTO to the holder of a duly registered trademark prevails over the use of an unregistered mark, even if thet use is prior the registration. As an addition, the judge states that the defendant’s prior use of the expression has no legal support.

 

Article 129 of the Brazilian Industrial Property Law (Law No. 9.279/96) states that ownership of a trademark is acquired by valid registration. Consequently, only trademark registration can guarantee exclusive rights.

 

 

However, the provisions of paragraph 1 of this same article must be taken into account which rules “Every person who, in good faith, on the date of priority or filing, has been using in the country for at least six (6) months a mark identical or similar to distinguish or certify an identical, similar, or related product or service, shall have the right of precedence in registration”.

 

It is important to note that the legislation acknowledges prior use and grants good faith users who were already using the trademark before others filed for registration a guaranteed, yet limited, right to continue using the trademark, based on their right of precedence.

 

In view of this, it should be noted that the judge’s decision can be appealed in order to review the sentence, since, even though the plaintiff’s trademark registration has been duly granted, guaranteeing it ownership rights over the trademark, the defendant had been using the trademark for at least 30 years before it was filed by the plaintiff, and therefore was acting in good faith, which also guarantees it the right of precedence, even if it is not exclusive.

 

This case opens our eyes to the different interpretations there may be of the current legislation. However, with good local advice, we must always protect the rights guaranteed to trademark users by law.  In addition, the importance of timely registration and constant monitoring of the use of the trademark in the market is clear, in order to avoid future conflicts.

 

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Author: Daniela Russo, Pedro Zardo Júnior and Cesar Peduti Filho, Peduti Advogados.

Source: Registro no INPI prevalece sobre uso anterior de marca, decide TJ/SP –  https://www.migalhas.com.br/quentes/431276/registro-no-inpi-prevalece-sobre-uso-anterior-de-marca-decide-tj-sp (se tiver)

 

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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.”