Bill 2496/24 establishes a penalty of 1 to 3 months of detention or a fine for anyone registering a trademark, even without developing a related economic activity, to sell this right to other companies. The text amends the Industrial Property Law and is being analyzed by the Chamber of Deputies.
According to the author, Congressman Helder Salomão (PT-ES), there are numerous cases of individuals and companies who apply for a trademark registration to the National Institute of Industrial Property (INPI) simply to, at a later date, sell the right to use it to companies that already use the trademark to provide a service or sell goods.
“Such fraud causes several setbacks to those who already exercise, in good faith, but without registration, an economic activity using the trademark,” argues Salomão.
According to Salomão, the bill’s purpose is to allow those harmed to take legal action to avoid harm to their rights.
Next steps
The Industry, Commerce, and Services Committee and the Constitution and Justice and Citizenship Committee will analyze the proposal. The Plenary will then analyze it. To become law, the text must be approved by the Chamber of Deputies and the Senate.
Source: Agência Câmara