Publicado pelo World Trademark Review (WTR), esse guia destaca os principais especialistas em marcas ao redor do mundo, tendo neles incluído nossos profissionais Fabio Azeredo e Wilson Pinheiro Jabur, e é amplamente reconhecido como um dos diretórios mais prestigiosos da área.

De acordo com o ranking, nosso escritório é descrito como “excepcional no manejo de casos complexos e na criação de estratégias vencedoras. É uma referência para advogados de marcas, e os clientes ficam particularmente impressionados com a abordagem voltada para negócios e com a atenção dedicada às necessidades dos clientes em questões de oposições, apelações, buscas e negociações.”

Essa conquista reflete nosso compromisso contínuo com a excelência na prestação de serviços jurídicos.

Parabéns, Fabio e Wilson por mais esta conquista!

O post Reconhecimento: World Trademark Review – WTR 1000/2025 apareceu primeiro em Salusse, Marangoni, Parente, Jabur Advogados.

Among the declarations made by the Brazilian Government on its accession to the Hague Agreement (1999 Act) and the rules set forth by the BPTO the following must be pointed out:

1. International applications cannot be filed through the BPTO (Article 4(1)(b) of the 1999 Act).
2. Deferment of publication is not possible (Article 11(1)(b) of the 1999 Ac).
3. The application must refer to one single industrial design, which may consist of up to 20 variations (depicted in an unlimited number of views) (Article 13(1) of the 1999 Act).
4. Indication of the creator (natural person) of the design is mandatory (Rule 8(1)(a)(i) of the Common Regulations).
5. When priority is claimed a copy of the priority document must be submitted to the BPTO within 90 days of the publication if such document is not available at DAS digital library.
6. Change of ownership will be effective in Brazil only if the document evidencing the change is presented at the International Bureau (Article 16(2) of the 1999 Act).
7. The maximum duration of protection is 25 years as of the filing date of the international registration (Article 17(3)(c) of the 1999 Act), subject to the payment of renewal fees every 5-year period.
8. Level two of standard designation fees will apply (Rule 12(1)(c)(i) of the Common Regulations).
9. All acts to be performed before the BPTO must be done by a local representative.

Our Intellectual Property team is at your entire disposal for any requirements you may have on this or any other IP issue, via the e-mail pi@smabr.com or telephone +55 (11) 31462400.

O post Hague System for protection of designs effective in Brazil as of August 1, 2023 apareceu primeiro em Salusse, Marangoni, Parente, Jabur Advogados.

In case you would like to meet them, please contact us.

Wilson Pinheiro Jabur e Fabio Zanetti de Azeredo representarão nosso escritório na reunião anual da International Trademark Association Annual Meeting que acontecerá de 16 a 20 de maio em Cingapura.

Caso queira encontrá-los, por favor entre em contato conosco.

O post Inta Annual Meeting 2023 apareceu primeiro em Salusse, Marangoni, Parente, Jabur Advogados.

However, aiming to guarantee a minimum term of protection in cases where there was an excessive delay in the examination by the BTPO, the Sole Paragraph of Article 40 of the Brazilian Patent Law allowed a minimum term of 10 years of protection for Patents of Invention and of 7 years for Utility Models, counted from the granting date.

Due to the substantial backlog in the examination of Patent Applications, a considerable number of patents has been granted with the applicability of the extended term. On 2016, a Direct Plea of Unconstitutionality (“ADI 5529”) was filed by the Federal Public Prosecutor’s Office (“FPP”), aiming to declare the unconstitutionality of the Sole Paragraph of Article 40 based on the allegation that the provision would cause legal uncertainty.

In a session that occurred on May 6^th, 2021, the Brazilian Supreme Court declared the Sole Paragraph of Article 40 unconstitutional, considering that the extended term violated the principles of legal certainty and freedom of competition, among others.

On May 12^th, 2021, in a new session, the Supreme Court set the transitional parameters for the unconstitutionality ruling effects (referred to as effect modulation), in order to limit the decision’s consequences, so that:

1-) Once the decision is published (which has not yet occurred), all Patents of Invention that are eventually granted by the BPTO will be limited to a 20-year term, counted from the filing date;

2-) With respect to the Patents already granted considering the extended term, the term of validity will be reduced to the general term only to Patents:

a-) covering pharmaceutical products and processes, medical equipment and materials for use in healthcare; or

b-) object of lawsuits (filed until April 7^th, 2021 and still in progress) with the aim to discuss the legality of extended term.

Finally, in what it relates to patents that have already expired, but to which the extended term was applied to, those will not be affected by the decision, i.e., eventual legal measures adopted by the patent owner against third parties or royalties that were received due to licensing will be considered valid.

Our Intellectual Property team is available to assist and clarify any doubts you may by e-mail pi@smabr.com or by phone +55 (11) 3146-2400.

O post Brazilian Supreme Court Limits Patent’s Extended Term apareceu primeiro em Salusse, Marangoni, Parente, Jabur Advogados.

Due to the pandemic and aware of the difficulties faced by society, the BPTO had determined the suspension of the deadlines in order to avoid losses due to the challenges of adapting to remote work and the cash flow of holders and interested parties.

Accordingly, the deadlines related to administrative proceedings that would expire between March 15 and May 31, 2020, will continue to run again as of June 1 for the remaining period.

This is an opportunity to review recent services related to administrative proceeding of IP rights of your interest and take the necessary measures to preserve your rights.

Our Intellectual Property team is available to assist you in connection with this matter via the email pi@smabr.com.

O post COVID-19 | End of suspension of deadlines at the Brazilian Patent and Trademark Office apareceu primeiro em Salusse, Marangoni, Parente, Jabur Advogados.