The protection of intellectual property plays a fundamental role in economic development and the promotion of innovation worldwide. Over the last few decades, several countries have strengthened their legislation and policies to guarantee the security and recognition of the intellectual creations of individuals and companies.

In the United States of America, for example, the intellectual property system is highly developed, with robust legal protection for patents, trademarks and copyrights. The country continues to lead the way in innovation, with an environment conducive to the emergence of new technologies and products.

In China, we have seen significant growth in the number of patent and trademark protection. The Chinese government has invested in policies that encourage research and development, boosting the economy based on innovation and technology, which also shows a trend of the Asian continent.

In Europe, nations like Germany, France and the United Kingdom have solid intellectual property protection systems, promoting a safe and stimulating business environment for innovators. They are recognized for their significant contributions to global technological and cultural advancement.

When we discuss the Brazilian scenery, there has been a gradual increase in the number of patent applications and trademark registrations, reflecting the country’s creative and entrepreneurial potential. In 2023, Brazil recorded an increase of 12.5% in the number of patents granted compared to the previous year, demonstrating continued growth in technological and scientific innovation. In addition, the Brazilian Patent and Trademark Office (BPTO) has implemented measures to speed up registration processes.

Despite economic challenges, Brazil has shown a growing commitment to protecting intellectual property, supporting local inventors and entrepreneurs. This promising environment reinforces the crucial role of intellectual property in stimulating innovation and sustainable economic development in the country.

In short, the evolution of intellectual property around the world highlights not only the importance of protecting creative rights, but also the crucial role of public policies and specialized legal support. At Araripe Advogados, we are committed to providing our clients with excellent legal assistance, guaranteeing the protection and recognition of their intangible assets in a dynamic and competitive global market, seeking always results oriented advice.

For more detailed information on the BPTO’s development data, you can access the full bulletin on the portal (www.gov.com.br/inpi).

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The National Institute of Industrial Property (INPI) recently published Ordinances/INPI/PR No. 26/2023 and No. 27/2023, bringing important changes to the procedures for registering Industrial Property and franchising contracts.

The new rules, the result of deliberations held in December 2022, aim to simplify and streamline the processes for registering and recording contracts, boosting innovation and the protection of Industrial Property in the country.

In another post, we talked about the main changes discussed, such as “E-notarization” and “e-apostille” in cases of digital signatures without ICP-Brasil Certification, the presentation of bylaws in articles of association or articles of incorporation of Brazilian companies and the licensing of non-patented technology (“Know-how”).

Want to know more about how these changes apply to your business? Contact us and speak to one of our specialist lawyers.

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When producing content on the Internet, it is necessary to think about various legal factors so that third party rights are not infringed, especially with regard to Copyright.

It is imperative to identify, for example, in the image used, the origin of the publication, as well as the type of license of use, checking if there is permission for commercial use or for modifications, if applicable.

If any violation is found, it is possible to notify the alleged infringers to cease the improper use of the work, but any financial compensation must be negotiated between the parties or explored in a separate legal action, in which the alleged infringer is guaranteed the right to an adversarial proceeding and a full defense.

The unilateral imposition of a fine for improper use of copyrighted works in Brazil is therefore not accepted by the national judiciary, which recently ruled that it is impossible to collect the fine without an agreement or contract, since such unilateral collection is not regulated by the Brazilian Copyright Law.

The ruling, from the 2nd Special Civil Court of Cuiabá, of the Mato Grosso Court of Justice, also condemned the company representing the images’ author to pay compensation for moral damages for undue collection.

Case No: 1061742-57.2022.8.11.0001
Plaintiff: MARIA APARECIDA TEIXEIRA LYRA
Defendant: PICRIGHTS BRASIL – INTERMEDIAÇÃO DE NEGÓCIOS DE IMAGEM E DIREITO AUTORAL