IP for startups in Brazil

Intellectual property’s rights is for sure one of the concerns a startup needs to worry about, and it is important to identify when to protect your rights, and what are the priorities to be protected.

Initially, when there is a consensus on which trademark will be used for the products or services provided, it is recommended to file an application for a trademark registration as soon as possible, even if it is in the name of one of the founders, transferring the ownership in the future, when a legal entity is constituted.

A trademark registration is a preventive measure, since, if the startup decides to register the trademark only in the future, when it has already invested in advertising, or the trademark is already stamped on its products and materials, it is possible that the trademark will be already registered in the name of a third party, for the same market segment, so it will be necessary to change the name, giving rise to losses.

In this same sense, it is important to register the domain name (address of the company’s website) right away, in order to guarantee its availability of use, even for a future moment, when the startup will be, in fact, in activity.

Regarding patent protection, despite the possibility of the founders having a brilliant idea in their hands, it is not possible to protect an idea in Brazil, since a patent must meet the requirements: a) inventive step; b) novelty; and c) industrial application. The protection of this idea, however, may be carried out in the future, when it fulfills such requirements, as well as it is possible to sign a confidentiality term between the companies involved in the startup, in order to avoid greater risks.

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Lawyer Author of the Comment: DRM

“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.”

JEFF BEZOS WON THE 7 YEARS CONTINENTAL BATTLE AND FINALLY GETS .AMAZON DOMAIN.

It is important to connect some dots before we deliver the explanation about the case.

The Internet Corporation for Assigned Names and Numbers – ICANN it is a non-profit organization who basically works for the internet development and it is regulation. One of its incumbencies it is to regulate and give the exclusivity of domains names to it is applicants. 

Knowing that, in 2012, Amazon Corporation has applied for the domain .AMAZON before ICANN.ORG. The company request has got the attention of Latin American Governments, since AMAZON it is also how it is called one of some Latin countries (also world) biggest patrimony, the Amazon Forest.  

The government of Brazil and Peru (endorsed by Bolivia, Ecuador and Guyana) has presented a formal objection against the Company request, their main arguments sustain that AMAZON referred to their geographic region and should belong to them and the exclusivity of the domain should not be given to any company.

Amazon Cooperation Treaty Organization – ACTO joined the Countries efforts  and arguments from both sides were presented during the long battle. ICANN has tried to reach a “mutually acceptable solution”, unfortunately, without success.

ICANN has finally decided, the decision gave to the company the right of the domain “.AMAZON”.

In the terms, the company has promised to not include in the domain name words with “a primary and well-recognized significance to the culture and heritage of the Amazonia region”.

Brazil’s foreign ministry commented ICANN’s decision:

“It is concerning that a decision by that entity fails to adequately consider the public interest identified by eight governments, in particular the need to defend the natural, cultural and symbolic heritage of the countries and peoples of the Amazon region”.

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Lawyer Author of the Comment: Martin Abdelmalack
Source
Headline: “Battle for the digital Amazon.”

“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.”