Posted by: César Alexandre Leão Barcellos in Untagged on
Feb 02, 2010
The Justice in Brazil is getting faster, because the administratives process of industrial property in the majority of cases are protocoled online. It means that trademarks, patents, between others rights have solutions well done in few time. On the other hand judicial cases as Nulities of Patent, Trademark and Industrial Design are protocoled in the Federal Justice online too, and now is an obligation of any new petition to be protocoled in online system.
Then with the electronic process we gain time, economy and preserve the nature in the same time, because we use less paper.
Other advantage of online process is the time spent to judge the cases, it is quicker, needing less workers, using them to others services more important.
Judging the cases in few time, the enterprises and people
Posted by: César Alexandre Leão Barcellos in Untagged on
Dec 16, 2009
In the year of 2009 the Brazilian National Institute of Industrial Property increased the Official Fees or Government Taxes in the majority, because in some cases the Federal Taxes diminished, stimulating the innovation in Brazil of marks, patents, industrial designs and softwares, between others services.
The entrepeneur shall take care when he filing some industrial property In this year the Brazilian Legislation changed, accepting Very Small Enterprise and Small Enterprise with a reduced Government Tax paid, in the past only accepted Very Small Enterprise.
One example of reduction of Federal Taxes is the filing of mark to Very Small Enterprise that in the past was about US$ 76,47 and now is US$ 70,58 to Very Small and Small Enterprises. However in the case of Enterprise major than
Posted by: César Alexandre Leão Barcellos in Untagged on
Oct 31, 2009
The famous Brazilian International Trademark Mormaii gained an indemnification by imitation of Mark. In Canoas City, Rio Grande do Sul State, Brazil, a shop was condemned to indemnify the owner of Trademark Mormaii. In this case was identified a wallet with name of Mark, in the Process of Search and Aprehension was found only one product. The Court of Rio Grande do Sul State considered the validity of Trademark for all 27 Brazilian States and determined that the defendant was guilty by violating the Industrial Property Law. Then the big lesson of this jurisprudence is that only one product found is enough to ask indemnification.
In this Process there´re many defendants that stoped to commercialize the products after the entrance of astreintes or fine per day. But the Shop didn´t do this
Posted by: César Alexandre Leão Barcellos in Untagged on
Sep 01, 2009
First of all is important before of Fair and Saloon the inventors have prototypes in spite of not obligation at the moment of registering. In this kind of events you show your product or process to the public and they want see interesting things. Beyond of examples of process or products you should have many samples to sell and some free to the potential buyers in the future.
The legislation in Brazil protects during 12 months before of filing or priority the inventors of utility model and invention that want to show off yours inventions, into of called grace period. Meanwhile in Brazil and in the majority of countries less USA, the rule of almost all is the first to file, while in the United States of America is the first to invent, because that is better to registering before to
Posted by: César Alexandre Leão Barcellos in Untagged on
Jul 21, 2009
According with the Art.128 of Brazilian Industrial Property Law who can request a registration of mark(s) are: natural person or juridical people of public law or private law.
The person of private law only can request register of mark related to the activity that practice accomplished and in a licit way through a direct manner or in enterprises that control direct or indirectly declaring in the own requesting this condition under penalty of law.
In the same time the documents necessaries to register a mark are: logo if it exists, copy of a Corporate or Enterprise Identity with the Contract or Identity Card in case of natural person, including the xerox of proof from municipal tribute paid and the power of attorney signed, these documents are obligations to the brazilians. But the documents
Posted by: César Alexandre Leão Barcellos in Untagged on
Jun 18, 2009
The mark to be registered in Brazil should be a distinctive sign visually perceptible not contained in the legal prohibitions.
In the logo of mark you can put original word(s) or/and design(s) with a good size, enough to see. There´s no permission to write repeated words or logos in a mark, causing confusion to the consumer and examiner. You should not register common word(s) or usual design(s) that have relation(s) with activity of mark if you want a distinctive sign.
The dimension of logo to register in Brazil is 8 cm (centimeters) X 8 cm (centimeters). The design should have this size, not the paper that logo is inside.
On the other hand to filing a mark there´s an obligation to obey the NCL 9 - The International Nice Classification of products and services adopted by Brazil.
By the way
Posted by: César Alexandre Leão Barcellos in Untagged on
May 01, 2009
BIODIVERSITY PATENT APPLICATION IS EASIER IN BRAZIL:
The National Institute of Industrial Property did alterations to facilitate patent application about the Brazilian Biodiversity.
In the Official Daily of Union from Brazil has been published on April 30, 2009 during the day the new resolutions of INPI (National Institute of Industrial Property) in respect of the patent application with origin in the Brazilian Biodiversity. The essential novelty is that the applicants don´t need more to inform in the filing, the date and number of access authorization from component of national genetic patrimony. Now the applicant can send the information to the INPI until the patent substantive examination request or in 36 months.
The New Brazilian Industrial Property Law allow to
Posted by: César Alexandre Leão Barcellos in Untagged on
Mar 28, 2009
The validity of software in Brazil is 50 years counted since January 1 of subsequent year to the date of software creation, assured the absolute secret of parts of this brought to the registration in the National Institute of Industrial Property, while the term of guaranteed patrimony rights in copyright is 70 years counted since January 1 of subsequent year of author death, obeying the succession order of civil law. According the Brazilian Law the copyright not depend on registratrion, but to assure proof in judicial case is better to register in the National Library, Music National School or in the Fine Arts School, dependng on category. Our legislation order that the software not depend on registration too, but is better to registering in National Institute of Industrial Property by
Posted by: César Alexandre Leão Barcellos in Untagged on
Feb 27, 2009
According the Old Law of Industrial Property in the past Industrial Model was the name of Industrial Design today in Brazil. The New Industrial Property Law define Industrial Design as the protection of shape, configuration, the ornament of lines and colors united that can applies in a product. Industrial Design is not a Patent. Patent in Brazil are: Invention and Utility Model. Invention has the concept of a product or process entirely new, on the other hand Utility Model is a product or process partially new, because Invention has an inventive activity and Utility Model has an inventive act. For instance the incadescent lamp of Thomas Edison is an Invention while the fluorescent lamp is an Utility Model, by reason of it is an economical adaptation of product from Edison.
In
Posted by: César Alexandre Leão Barcellos in Untagged on
Jan 23, 2009
According the Brazilian Law you can consider a patent of invention null or without effect when this intellectual property is against the law. For example in the national law the requisites of patenteability of invention are in the Art. 8º of Industrial Property Law: Art.8º "Are patenteable the invention that obey the requisites of novelty, inventive activity and industrial application." Beyond of this requisites in Brazilian Law there´s the sufficiency descriptive, but in the majority of countries in the world there´re only three requisites: novelty, inventive activity and industrial application. In this case if you comercialize a patent of invention in domain public or without novelty you´re acting against the law, then it´s a practice with nulity.
On the other hand are requisites of
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