Trademark Manual
News

BPTO Updates Trademark Manual: What changed?

The Brazilian Patent and Trademark Office (BPTO) has announced an update to its Trademark Manual, effective November 27, 2024. The new version introduces procedure changes and textual adjustments, intending to make processes more precise and efficient.

Updates of the Trademark Manual

  • Inclusion of a Deed of Assignment template as an annex to the Trademark Manual.
  • Addition of specific instructions for users regarding the issuance of certificates for highly renowned trademarks.
  • Refinement of procedures related to the reinterpretation of item VII, Article 124 of the Industrial Property Law (LPI), allowing registration of signs with both advertising and distinctive functions.
  • Textual adjustments regarding the investigation period for trademark non-use cancellation (caducity).
  • Updates addressing the filing of multiple petitions for name, address, or headquarters changes.
  • Revised information on requesting photocopies or digitization of documents.

You can visit the official website for a comprehensive overview of these updates.

Need support to understand how these changes impact your IP strategy?

At Tavares IP, we specialize in providing tailored solutions for intellectual property needs. Please contact us today to discuss how we can support your IP strategy.

Source: BPTO

Malaria
News

Brazilian Vaccine Against Malaria Has a Pending Patent and Clinical Trials Expected to Begin

Vivaxin, a Brazilian vaccine developed to combat Plasmodium vivax, the parasite responsible for 82.5% of malaria cases in Brazil, had its patent application filed in October 2023.

Key information about Vivaxin

  • Brazilian context: Vaccines available globally are ineffective against Plasmodium vivax, the predominant parasite in Brazil. Vivaxin fills this gap by offering an approach targeted to local needs.
  • Advances in development: After promising results in the preclinical phase, which included testing on animals, the request for authorization for clinical studies in humans will be submitted to Anvisa by January.
  • Protection via intellectual property: The patent application covers the production process and formulation of the vaccine, including the adjuvant developed by the researchers. This protection is essential to guarantee exclusivity and enable future partnerships.
  • Strategic partnership: The collaboration between University of the São Paulo (USP) and the University of Minas Gerais (UFMG) sought to overcome a critical stage between academic research and practical application and create a fully national product.

Malaria remains a major public health challenge, particularly in Brazil’s Amazon region, which accounted for 99.98% of cases in 2023. With 139,884 reported diagnoses last year, innovative solutions like Vivaxin are urgently needed.

The Role of Intellectual Property in Biotechnology

Patent filings are a strategic step in establishing Brazil as a key player in vaccine and health technology development. Monitoring initiatives like Vivaxin is essential to identify opportunities and support scientific advancements in the region.

Contact Tavares IP to learn how we can assist in protecting and enhancing your innovations in Brazil and globally.

Source: Época

GI
News

BPTO strengthens the fight against piracy and the protection of GI

On November 12 and 13, the Brazilian Patent and Trademark Office (BPTO) participated in activities in Santa Catarina in partnership with the Geographical Indications Forum (GI) and the State Council for Combating Piracy (CECOP). These actions are part of BPTO’s plan to regionalize and internalize initiatives to protect public industrial property titles.

Partnerships to strengthen GI

BPTO and the GI Forum discussed partnerships with the National Directorate for Combating Counterfeiting of GIs. One of the initiatives on the agenda was to make images of original GI products available in a centralized database, facilitating access by public authorities throughout Brazil.

The GI Directory, a project by BPTO in partnership with the National Council for Combating Piracy (CNCP), will be launched on November 28, marking a significant step forward in defending the authenticity and quality of certified products.

Operation “Fake Brand” combats counterfeit goods

BPTO joined the “Fake Brand” operation in Brusque, led by the Civil Police. The operation targeted the manufacture and distribution of counterfeit goods, resulting in:

  • Seizure of more than 20 thousand counterfeit items, including clothing, perfumes, glasses, and watches.
  • Goods are valued at R$1.5 million and R$1 million in tax assessments.

During the operation, the National Directorate for Combating Trademark Counterfeiting (CNCP-BPTO) offered support while training actions in intellectual property and new partnerships with CECOP were discussed.

Intellectual property protection

Tavares IP offers complete intellectual property solutions in Brazil and abroad if you need to protect your trademarks, patents, or geographical indications. Please find out how we can help you ensure its rights and stand out in the market.

Feel free to contact us today.

Source: BPTO

Brazil and China Partnership: Combating Piracy
News

Brazil and China Partnership: Combating Piracy

On November 6, Brazil and China advanced in a strategic partnership focused on consumer protection and combating piracy. During a meeting, the National Consumer Secretariat (Senacon) received the vice minister of the State Administration for Market Regulation of China (SAMR), Liu Jun, to discuss a memorandum of understanding that will formalize the exchange of information between the countries and implement coordinated actions.

With essential representatives from both nations, topics such as product guarantee, food safety, and strengthening inspection measures for defective or unsafe products were discussed.

Strategic Impacts of this Alliance

This agreement aims to facilitate the exchange of data and the creation of a communication channel between Senacon and SAMR, allowing joint actions in areas of common interest.

The cooperation reinforces the importance of a globalized approach in combating piracy, impacting consumer safety and national economies.

For businesses and consumers facing challenges with piracy, Tavares IP offers specialized support in combating counterfeit products, helping to protect brands and ensure a safer market.

Learn more about Tavares IP’s anti-piracy service and strengthen your protection.

Source: Brazilian Ministry of Justice and Public Security

BPTO will start accepting trademark applications with slogans
News

BPTO will start accepting trademark applications with slogans

The Director of Trademarks, Industrial Designs, and Geographical Indications of BPTO, Schmuell Lopes Cantanhede, announced during a meeting with trademark system users that the Institute will start accepting trademark applications that contain advertising elements (slogans).

The updated Trademark Manual is scheduled for publication on November 27, based on a new interpretation of item VII of art. 124 of the Industrial Property Law—LPI (9,279/1996).

According to Cantanhede, this is the first step towards registering trademarks with slogans in the first instance. In 2025, a satisfaction survey will be conducted with users; in 2026, an intermediate assessment; and in 2028, a final evaluation of the effects of the improvement.

During the meeting at the BPTO headquarters in Rio de Janeiro on October 30, trademark users who had previously registered to participate were able to clarify doubts about the implementation of the new interpretation of item VII of Art—124 of the LPI.

The activity took place within the “Permanent Dialogue with Interested Parties” project, which will include new meetings on other BPTO services.

The project focuses on understanding users’ needs and expectations related to Objective 9 of the Strategic Plan 2023-2026—Improve governance and management practices and institutional relationships.

Read the presentation by the INPI director. (In Portuguese)

Watch the meeting on the INPI YouTube channel. (In Portuguese)

Check out the proposed text for updating the Trademark Manual. (In Portuguese)

Source: BPTO

News

Brazil and Singapore Sign MOU on IP and Launch Business Guides

The Brazilian Patent and Trademark Office (BPTO) and the Intellectual Property Office of Singapore (IPOS) signed a memorandum of understanding on IP on October 23. As part of the agreement, the BPTO, represented by its president, Júlio César Moreira, announced the publication on its website of the first in a series of 15 IPOS Business Guides, translated into Portuguese and customized for the Brazilian reality.

The first guide, Protecting Your Competitive Advantage, addresses the concepts of IP and how it can help develop businesses. Aimed at entrepreneurs, the guides also address topics such as establishing partnerships, analyzing the competition, internationalizing companies, and generating resources from IP. The goal is for all guides to be published by BPTO by November 2025.

In addition to the guides, the partnership will have two main objectives: sharing information on the valuation of intellectual property assets and generating opportunities for the internationalization of the BPTO Academy.

Innovation diplomacy

The agreement was signed during the IP Strategies for Business workshop, organized by the Brazilian Embassy in Singapore and the World Intellectual Property Organization (WIPO).

The workshop is related to the mission of nine Brazilian startups to Singapore from October 22 to 30 to participate in an immersion program in the Asian country’s innovation ecosystem and the Singapore Innovation and Technology Week (SWITCH).

For the third consecutive year, Brazil will stand at SWITCH, made possible by the Innovation Diplomacy Program of the Ministry of Foreign Affairs, whose objective is to promote Brazil’s image as an innovative nation and foster partnerships between Brazilians and foreigners on this topic.

Source: BPTO

News

Brazil is the most innovative economy in Latin America

Brazil is ranked 50th in the Global Innovation Index (GII) 2024, released on Thursday, September 26, by the World Intellectual Property Organization (WIPO). The country dropped one position compared to the previous year, but it is still the leader among the economies of Latin America and the Caribbean. The ranking includes 133 countries.

The top ten in the ranking are Switzerland, Sweden, the United States, Singapore, the United Kingdom, South Korea, Finland, the Netherlands, Germany, and Denmark.

Since 2007, WIPO has released the ranking annually. It is the main indicator of the global innovation ecosystem. Check out the current result.

Source: BPTO

News

New Legislation makes it a crime to register a trademark with the sole purpose of selling it

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

Use of the Brazilian singer Tim Maia's chorus on T-shirt print violates copyright
News

Use of the Brazilian singer Tim Maia’s chorus on T-shirt print violates copyright

The paraphrased use of words that appear in the choruses of Tim Maia’s songs on T-shirts without prior authorization constitutes undue appropriation of a work for commercial exploitation. It generates the obligation to pay compensation for copyright infringement.

The 3rd Panel of the Superior Court of Justice reached this conclusion in a unique appeal. The singer’s estate, which filed the action against the fashion label Reserva, died in 1998.

One of the contested prints has the inscription “Guaraná & Suco de Caju & Goiabada & Sobremesa,” taken from the excerpt “Tomo guaraná, suco de caju, goiabada para sobremesa” (I drink guaraná, caju‘s juice, goiabada for dessert) from the song “Do Leme ao Pontal,” released by Tim Maia in 1986.

The ordinary courts concluded that the singer’s rights had been violated and ruled that the lawsuit was admissible. They prohibited the sale of T-shirts with the inscription and ordered the company to pay R$15,000 in moral damages and material damages to be determined.

The 3rd Panel of the Court upheld the ruling but changed how material damages were calculated. The rapporteur for the case, Justice Marco Aurélio Bellizze, explained that the trademark’s conduct led to the improper sale of T-shirts with reproductions of musical works.

“The prints go beyond a mere reference to the author’s works, as they are copies of the lyrics of the songs, with the simple addition of the connector ‘&,’ which constitutes an undue appropriation of a work for commercial exploitation,” said the judge.

Low compensation

Minister Bellizze also concluded that obtaining material damages based on the amount received by the trademark from the profits from the improper marketing of the T-shirts is not enough to punish the conduct and discourage copyright infringement.

The artist’s association with a certain trademark without due authorization may represent an endorsement of a thought that does not coincide with the singer’s perception, linking him to the brand without his approval.

For the rapporteur, the conduct allows the company to have a greater advantage since, by associating itself with Tim Maia’s image, it can increase the value of its trademark and the sales of other products.

Therefore, he determined that the compensation would consist of the total amount obtained from the sales plus all the losses from Tim Maia’s estate.

In other words, Reserva will have to pay the singer’s family all the money it raised from the sale of the products and all the amount that should have been paid in a possible contract authorizing the use of the work on clothing items. The amount will be collected in settlement of the judgment.

Source: Conjur

Protect Your Creative Works with Tavares IP

In light of the recent ruling by Brazil’s Superior Court of Justice, which highlights the severe implications of unauthorized use of copyrighted material, ensuring your intellectual property is adequately protected is crucial. The court’s decision underscores how even a seemingly minor infringement—like the unapproved use of song lyrics on merchandise—can have significant legal and financial consequences.

At Tavares IP, we specialize in safeguarding your creative assets against misappropriations. Our expert team provides comprehensive copyright services, including registration, enforcement, and litigation support to ensure your works are not exploited without your consent.

Don’t wait for a dispute to arise. Contact Tavares IP today by clicking here to secure your intellectual property and avoid costly legal battles. Reach out now to protect what you’ve worked so hard to create.

GI
News

BPTO holds pre-launch of National Directory to Combat GI Counterfeiting

To reinforce the protection of Geographical Indications (GIs) in Brazil, the Brazilian Patent and Trademark Office (BPTO) held the pre-launch of the National Directory to Combat GI Counterfeiting and the existing Directory for trademarks on August 28.

Learn more

The Directory is a digital platform that seeks to support producers and service providers throughout the country in the face of counterfeits that cause losses to national entrepreneurs, mislead consumers, and undermine the recognized quality of Brazilian GIs.

The platform functions as a strategic information center for access by Brazilian police and inspection forces, based on a partnership between BPTO and the National Council for Combating Piracy (CNCP) of the Ministry of Justice. The service will be free of charge.

BPTO will receive information provided by the GIs themselves in the Directory, which will be made available for access by authorities with police powers and consumers, when applicable.

Registration of GIs

With the pre-launch, an exclusive contact channel on the BPTO portal is now available for GIs to register, forward relevant information, and receive guidance from the Institute.

Among the strategic information for combating GI counterfeiting are contact details for the GI’s legal representation, images of original vs. fake products, information on labels, bottling, routes, and licensees, among other details that producers consider necessary to act in the repression and inhibition of crimes against Geographical Indications.

Source: INPI

Protect your Geographical Indications with Tavares IP

Tavares IP is ready to help you navigate the new protection measures and take advantage of the opportunities offered by the new National Directory. With our intellectual property expertise and in-depth knowledge of Brazilian regulations, we ensure that your GIs are adequately protected against counterfeiting and rights infringement.

Contact us today for expert guidance and to ensure maximum protection.

Talk to our experts.