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Latin-America Guide

Intellectual Property — Brazil

Overview

BRAZIL: An Introduction to Intellectual Property Contributed by Philippe Bhering, Bhering Advogados

1. International Treaties

Brazil is signatory to major international IP treaties, including (i) the Paris Convention for the Protection of Industrial Property, (ii) the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), (iii) the Patent Cooperation Treaty (PCT), (iv) the Berne Convention for the Protection of Literary and Artistic Works, (v) the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, (vi) the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, (vii) the Strasbourg Agreement Concerning the International Patent Classification, (viii) the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, (ix) the UPOV Convention, and (x) the WIPO Convention.

As for trade mark law treaties, Brazil is not yet signatory to the Madrid Protocol. In recent years, there have been positive moves towards accession to the Protocol. The draft Accession Agreement is currently before the Office of the Presidential Chief of Staff (Casa Civil), pending submission to the National Congress.

2. National Laws

In Brazil, the provisions of trade mark, patent, design and unfair competition law are collectively set out in the Brazilian Industrial Property Law – BIPL (Law No. 9,279 of May 14, 1996). Of note regarding copyright and software law are the Brazilian Copyright Law – BCL (Law No. 9,610 of February 19, 1998, “BCL”) and the Brazilian Software Law (Law No. 9,609 of February 19, 1998, “BSL”), respectively.

In general, Brazilian IP Laws apply to nationals of, or persons domiciled in, a country that grants Brazilians or persons domiciled in Brazil equal or equivalent rights under the laws of that country.

The BIPL regulates rights and obligations regarding patents (for inventions and utility models), industrial designs, trade marks, geographical indications, technology transfer agreements and the repression of unfair competition. The BCL, in its turn, regulates the rights over literary and artistic works, as well as neighbouring rights. The BSL sets out provisions for the protection of intellectual property rights pertaining to computer programs and their sale in this country.

Responsibility for the registration of trade marks, patents, industrial designs and software, as well as the registration of licensing agreements, lies with the Brazilian Patent and Trade Mark Office, known in Portuguese as the Instituto Nacional da Propriedade Industrial (INPI). The INPI is a government agency under the auspices of the Ministry of Development Industry and Foreign Trade (MDIC). Its main function is the management of the Brazilian system for the concession of intellectual property rights. Works protected under the Copyright Law, depending on their nature, shall be registered with other different public bodies, such as the National Library or the Music School of the Federal University of Rio de Janeiro.

A trade mark registration remains in effect for ten years commencing with the date of its grant, and may be renewed for equal and successive periods. An industrial design registration remains in force for a period of ten years from the date of filing, being extendable for three successive periods of five years each. As for patent registration, an invention patent remains in force for a period of 20 years, and a utility model patent for a period of 15 years from the date of filing (and a minimum of ten years (patents) and seven years (utility models) from the date of grant).

Copyright registration is optional for the purposes of protection. If the work is original in accordance with the terms of the BCL, it will be afforded copyright protection regardless of registration. According to the BCL, the economic rights of the author are protected for 70 years from the first day of January of the year following his/her death. The “moral” rights involved are inalienable and irrevocable, i.e. they cannot be transferred, licensed or waived.

3. Enforcement of IP Rights

The BIPL provides that infringement of trade mark, design, patent and geographical indication rights and acts of unfair competition constitute both a civil wrong (tort) and a crime. Likewise, copyright and software infringement are both civil wrongs (tort) and crimes. Hence, the injured party is entitled to rely on both civil and criminal measures in order to enforce its rights.

As for the civil proceedings, the injured party may file a lawsuit seeking the cessation of the infringing act, coupled with a claim for damages. The lawsuit may also include a request for an ex parte preliminary injunction with a view to immediately cease the harmful conduct, pending a decision on the merits. The plaintiff may also seek the imposition of a daily penalty for failure to abide by the preliminary injunction.

In addition to infringement actions, the BIPL makes provision for the setting aside of trade marks, designs and patent registrations which have been unduly appropriated by third parties. In such a nullity action, the interested party may include in its initial application a request for an immediate stay of the effects of the registration in question, pending a final decision on the substantive issue of whether or not there has been undue appropriation.

Infringement actions must be filed before the state courts, whereas the aforementioned nullity actions are heard by federal courts. This is because INPI is automatically a party to all nullity actions and whenever a government agency is a party to a lawsuit, the action must be filed before the federal courts.

Criminal remedies prescribed by the BIPL, the BSL and the Criminal Code include imprisonment or the imposition of a fine on the infringer. In terms of criminal proceedings, one very important provision is the possibility of filing a preliminary criminal search and seizure action, aimed at gathering evidence of acts of infringement and avoiding the destruction or hiding of evidence by the infringer.

Border control mechanisms also feature as part of the Brazilian system of enforcement of IP rights. Federal Decree No. 6759 of February 5, 2009 includes authorisation for the customs authority to seize any products it considers to bear altered or imitated marks.

Of note in this context is the increase in recent years in the number of surveillance and enforcement operations conducted by customs and federal police agents. Customs authorities have also been implementing anti-counterfeit training sessions and workshops for customs agents. These measures have led to a significant increase in the effectiveness of the operations conducted.

4. Updates

Priority examination of “Green Patents” becomes a permanent procedure at the Brazilian PTO

After four years as a pilot programme, the Brazilian PTO decided to make the priority examination of so-called “Green Technology” a permanent service and published, on December 6, 2016, Resolution No. 175/16, which regulates such procedures. This priority examination may be requested by applicants of patents related to the technologies listed in the Annex of Resolution No. 175/16, namely, (i) alternative energy, (ii) transportation, (iii) energy conservation, (iv) waste management, and (v) sustainable agriculture. In addition, there are requirements which must be met in order for the applicant to enjoy priority examination for his patents, which are (i) the application must have been published and in case it is still within the secrecy period, an anticipated publication needs to be requested; (ii) the technical examination must have already been requested but not yet initiated by the BPTO; and (iii) the set of claims must contain at most 15 claims, being no more than three independent claims. Regarding any possible voluntary amendment that may be presented, the applicant will need to comply with the rule set forth in article 32, of Brazilian Industrial Property Law - BIPL (Law No. 9,279/96), i.e. the applicant may make changes to its patent application until the time of the request for examination, provided these are limited to the subject matter initially disclosed therein.

The end of an impasse between the Brazilian PTO and the Brazilian Health Regulatory Agency (ANVISA) regarding the granting of pharmaceutical patents

Another significant advance related to IP in Brazil is the end of an impasse between the Brazilian PTO and the Brazilian Health Regulatory Agency (ANVISA) regarding the granting of pharmaceutical patents. After years of deadlock, both the BPTO and ANVISA have recently reached an understanding regarding the procedures to be followed by each in the analysis of pharmaceutical patent applications. The impasse began when a statutory provision allowed ANVISA to become involved in the procedures for the granting of pharmaceutical patents, the so-called "prior consent" after the patent examination by the BPTO. The justification for the "prior consent" was that analyses performed by ANVISA would be more thorough and more critical than the ones made by the BPTO. However, the inclusion of an additional federal entity, i.e. ANVISA, for the analysis of pharmaceutical patents has greatly delayed the examination of patent applications. The situation became worse when, in 2009, the Office of the General Counsel for the Federal Government (AGU) published an opinion limiting the acting powers of ANVISA. This opinion determined that ANVISA was to be limited to the evaluation of the safety and efficacy of medicinal products claimed in a patent application. In 2012, the flow of examination was reversed in the sense that all procedures in the pharmaceutical area would be first analysed by ANVISA, and then analysed by the BPTO. This measure, despite being put into practice, did not generate effective results in the granting of patents (i.e. the queue of procedures waiting for a solution only increased). This impasse came to an end when, on March 14, 2017, the BPTO and ANVISA reported that a Joint Decree would soon be published, defining the attributions of each body in the evaluation of pharmaceutical patent applications. In short, the analysis of data related to health will be tasked to ANVISA and the evaluation of data pertaining to patentability (novelty, inventive step and industrial application), to the Brazilian PTO.

The Brazilian PTO’s New Guidelines for the examination of patent applications involving inventions implemented by computer program

Also in the patent field, the Brazilian PTO, with the purpose of maintaining transparency in the examination of patent applications, published on December 06, 2016, Resolution No. 158/2016, which brings new guidelines for the examination of patent applications involving inventions implemented by computer programs. Firstly, it should be noted that the Resolution correctly used the term "patents for inventions implemented by computer programs" as Brazil does not grant software patents – software referring to the literal elements of the source code, according to article 10, item V, of the BIPL. It is also important to mention that the BPTO has been granting patents for inventions implemented by computer programmes for a long time, since an invention cannot be excluded from patent protection only because it is implemented by modern technical means such as software. In fact, what needs to be evaluated for the protection or not of a particular invention is the means by which the technical problem is being solved”. Thus, if a process falls within the prohibitions of article 10 of the BIPL, it is irrelevant whether it is implemented by software or not, i.e. the use of a computer programme is no longer a criterion for classification in the prohibitions of article 10 of the BIPL. Accordingly, it is expected that, with the publication of Resolution No. 158/16, the technical examinations made by the BPTO will become more agile and easier, i.e. involving less scrutiny in relation to the protection or not of the object of the invention, when it involves a computer program.

Simplified procedure for the granting of patent applications

The Brazilian PTO, together with the Brazilian Ministry of Industry, Foreign Trade and Services (MIFTS), opened a public consultation on July 31, 2017, regarding a new proposal for a simplified procedure for the granting of patent applications. The objective of this new proposed procedure, according to the BPTO, is to guarantee transparency to the process, as well as align the measures to fight the backlog in the examination of patents with demands from society. According to the proposal, the patents whose new applications or requests to enter the national phase are filed by the date of publication of the new proposal will have them granted within 90 days, as long as they fulfill certain requirements and have not received reasoned subsidies from third parties. Patent applications involving pharmaceutical products and processes are excluded from this simplified procedure. The interested parties have until August 21, 2017, to send their suggestions, after this date, proposals will be analysed by the BPTO and the MIFTS.

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Dannemann Siemsen - Intellectual Property

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Band 1

第一等

Commentary from the Chambers Latin America guide

Basic facts about the department
- 43 partners
- 280 other qualified lawyers

What the team is known for Front-running IP practice widely admired for its strong capabilities across the full range of IP services. Renowned expertise advising national and international pharmaceutical companies on patent litigation and technology transfer contracts between private and publicly owned laboratories. Extensive experience handling patent infringement lawsuits before the Brazilian courts involving oil and gas, automotive and agribusiness issues. Firm's impressive client portfolio includes market-leading companies from all major sectors of the economy.

Strengths Clients report: "The team is extremely precise and offers robust and up-to-date knowledge of IP matters especially related to pharmaceutical patents," adding: "They provide top-quality services in a timely fashion and develop positive interpersonal relationships."

Work highlights Successfully advised NPS Pharmaceuticals before Brasília's Federal Court on the cancellation of an administrative act issued by ANVISA, Brazil's National Health Surveillance Agency, denying a patent application filed at the Brazil Patent & Trademark Office (BPTO).

Significant clients Andritz, LG, Mundial, Newron Pharmaceuticals, Flextronics.

Notable practitioners

Widely respected amongst market observers, Luiz Henrique do Amaral is a renowned expert in franchising matters for national and international companies. Market sources laud him as "a reference and a great lawyer who is regularly active in some of the market's most strategic cases."

Clients praise Gustavo de Freitas Morais as "an exceptional lawyer who is very responsive, attentive to clients and comes up with creative ideas on how to best handle our problems." They add: "He is a great leader and team manager who is always available and provides us with trustworthy legal opinions."

José Antonio Faria Correa is an expert in trade mark and computer program protection issues who regularly advises domestic and multinational companies from the food, pharmaceutical and technology industries. Interviewees commend him as "a very knowledgeable lawyer," who is " a truly great practitioner and an expert."

Rodrigo Borges Carneiro has experience in a range of IP matters including trade marks, geographical indications, copyright and technology transfers. He also has particular knowledge and expertise in IP issues relating to the USA.

Partner Attilio Gorini offers clients over twenty years of experience in IP law and is particularly noted for his knowledge of media and entertainment, copyright and trade mark issues. Market sources recommend him as "an expert in copyright issues" and "a very good professional."

Market commentators describe Joaquim Eugênio Goulart as "a capable IP litigation lawyer," who is "highly knowledgeable and is becoming a real stand-out for the strength of his patents practice." Clients add: "He is a highly competent, personable and responsive professional who speaks great English."

Highly respected founding partner Peter Dirk Siemsen is noted for his long-standing track record advising on the full range of IP law including patents, trade marks, copyright and technology transfer agreements. Peers consider him "one of our greatest references," and "one of the names we look up to."

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Gusmão & Labrunie - Intellectual Property

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Band 1

第一等

Commentary from the Chambers Latin America guide

Basic facts about the department
- 5 partners
- 35 other qualified lawyers

What the team is known for Esteemed firm admired for its expertise in patent infringement and validity proceedings. Highly sought out by market-leading pharmaceutical, chemical and consumer goods companies for its impressive track record handling strategic IP litigation and consultancy mandates. Additionally noted for its activity on behalf of clients from the biotechnology and electronic engineering sectors.

Strengths Market sources say: "The team is highly efficient and responsive, thus we rest assured that our matters are handled with care." They add: "It is a boutique made up of excellent lawyers who we encounter very often and whose work we truly admire."

Notable practitioners

Admired founding partner José Roberto Gusmão is a widely respected professional in the IP arena. He has noted experience representing multinational clients in cross-border patent litigation and unfair competition disputes. Additional areas of strength include trade marks, domain names and copyrights. Sources describe him as "a great lawyer" who is "highly demanding when it comes to quality."

Name partner Jacques Labrunie is a well-known name amongst market observers for his extensive experience handling patent and trade mark infringements on behalf of major players from the food, automotive and pharmaceutical industries. His areas of expertise include geographic indications, unfair competition and copyright issues.

João Vieira da Cunha regularly provides counsel on litigation, unfair competition and advertising disputes, with experience in contentious mandates such as fashion trade mark infringements. Clients describe him as "an excellent IP lawyer who is very efficient and always available." They add: "He is a capable litigation lawyer whose name is on the rise."

Ana Paula Celidonio has a background in biology and maintains a solid presence in the industrial design arena. Her other key areas of focus include patents, trade secrets and plant varieties. She is currently the co-ordinator of the Industrial Design Committee of the Brazilian Intellectual Property Association (ABPI).

Laetitia d'Hanens specialises in trade marks and acts in a variety of other practice areas including copyright, software and geographical indications. Interviewees describe her as "a very good lawyer," and "a highly dedicated professional."

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Kasznar Leonardos Intellectual Property - Intellectual Property

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Band 1

第一等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Gabriel Francisco Leonardos and Elisabeth Kasznar Fekete
- 6 partners
- 33 other qualified lawyers

What the team is known for Prestigious IP boutique highly sought out for its expertise in IP litigation. Routinely advises clients on the validity of IP rights, the filing of appeals before the Brazilian Patent & Trademark Office (BPTO) or the Brazilian Food & Drug Agency (ANVISA), as well as patent infringement cases. Additional expertise in the registration of trade marks, domain names and copyright.

Strengths Satisfied clients enthuse: "The firm is a boutique specialised in the most varied IP issues which allowed for a multidisciplinary analysis of our matters. The deep knowledge and experience of its team allied to the availability of several in-house engineers truly helped in the understanding of the case."

Work highlights Successfully advised a major domestic airline on a trade mark and trade dress infringement claim against an online travel agency.

Notable practitioners

Admired founding partner and head of the São Paulo practice Elisabeth Kasznar Fekete has over 30 years of experience advising on IP law. She is well equipped to advise on both litigation and consultancy related to trade marks, anti-counterfeiting, unfair competition, copyrights and trade secrets. She is particularly noted for her expertise in strategic IP litigation. Market sources commend her as "an absolute reference for IP law who deserves all the compliments she receives."

Head of the Rio de Janeiro department Gabriel Francisco Leonardos is deeply respected in the market for his long-standing experience in IP litigation before the courts and consultancy related to licensing agreements, patents, trade marks and copyrights. He is also well known for his expertise in trade mark prosecution and IP-related arbitration mandates.

Clients describe partner Rafael Lacaz Amaral as "a professional who offers a deep legal knowledge of intellectual property and civil litigation law as well as a real sense of urgency." They add: "He is always objective and displays great knowledge of the field." He handles IP litigation and trade mark prosecution, amongst other issues.

Department profile by Kasznar Leonardos Intellectual Property

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Bhering Advogados - Intellectual Property

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Band 2

第二等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Pedro Bhering, Philippe Bhering, Flávia Merola and Rafael Tögel
- 5 partners
- 23 other qualified lawyers

What the team is known for Highly active IP firm with a strong footprint in Brazil through its offices in Rio de Janeiro, São Paulo and Curitiba. Well placed to provide the full raft of IP services covering trade marks, patents, trade secrets, anti-counterfeiting, enforcement and litigation to an impressive array of high-profile international clients hailing from the USA, Europe and Asia. Noted for its track record representing major multinationals from the automotive, pharmaceutical, entertainment and electronics industries.

Strengths Clients report: "The team is very responsive, detail-oriented and delivers excellent work. Their pricing is very attractive, we never find ourselves waiting for their responses, and you can sense that partners are personally committed to performing well and providing exceptional client service."

Work highlights Advises the Warner Group on the management of its entire trade mark portfolio before the administrative and judicial spheres. The firm also provides counsel on anti-piracy and enforcement issues.

Significant clients BASF, MAN Truck & Bus, LG, IBM, FIFA.

Notable practitioners

Partner Pedro Bhering has over 35 years of experience advising multinational corporations from the USA, Asia and Latin America on IP issues. Clients describe him as "a highly renowned practitioner" and "an excellent lawyer particularly with regards to technology transfer agreements." They add: "He is an easily available professional who understands our concerns as clients and is always ready to explore options and find solutions."

Head of the São Paulo practice and of the firm's German desk, Philippe Bhering offers international clients extensive knowledge of both European and German trade mark and unfair competition law. Clients praise him as "an excellent lawyer who I highly recommend for his timely and well-founded legal advice." They add: "He is an outstanding lawyer who speaks great German."

Department profile by Bhering Advogados

Founded in 1978, in Rio de Janeiro, specializing in Intellectual Property and related matters, including trademarks, patents, industrial design, copyright and neighboring rights, information technology law, counterfeiting and unfair competition, licensing, transfer of technology and IP litigation;

Representation of multinational corporations particularly companies based in the U.S.A, Europe and Asia and their Brazilian subsidiaries in various industrial sectors; automobile, chemical, biotech, aviation, engineering, pharmaceutical, sports, entertainment, telecommunications, software, fashion, among others;

Among the very few Intellectual Property Law firms in Brazil with branch offices. The main office is in Rio de Janeiro (close to BPTO); branch offices are in Curitiba and São Paulo;

German desk set up at the end of 2010 and French desk set up in 2016;

Anti-Counterfeiting Department engaged in conducting investigations on the manufacture and distribution of counterfeit products; carrying search and seizure operations (raids); sending Cease and Desist Letters; preparing and lodging civil and criminal lawsuits; adopting administrative measures before the Customs Authorities of Brazilian ports and airports; and developing and implementing customised training programs before the Customs Authorities;

Internal patent translation department with 22 professionals among graphic designers, translators, proofreaders and specialized is various technology fields.

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•Our German desk was set up at the end of 2010 staffed by (i) two Brazilian lawyers, (ii) one Brazilian/German patent attorney, and (iii) one German lawyer. All the lawyers have a solid legal background in German/European law. They are supported by four German paralegals, two trainees and two translators specializing in patent matters. The German desk provides legal advice and assistance (in German), to our clients based in German-speaking countries, on all areas of Intellectual Property, especially in Trademarks, Patents, Licensing, and IP Litigation;


•French Desk introduced in 2016 in order to assist the extensive French clientele developed along the decades by Senior Partner Pedro Bhering, who still assists French clients closely, our French Desk is initially established with the joining of one Brazilian lawyer with a LLM. and a PhD from the University of Strasbourg, who is licensed in France;


•The firm encourages and finances the education and training of our professionals abroad. Most of our lawyers hold postgraduate and/or master level degrees from the US or Europe. This contributes to our broad knowledge of international laws and treaties. This foreign experience also enables our staff to understand the international scenario, the globalization of the economy and the different business cultures and demands of our clients;​


•The annual participation of our professionals in national and international congresses also contributes to our technical development and to keeping us up to date with international law and practice. Currently, we have 3 partners sitting on INTA Committees, i.e. the International Amicus Committee (Philippe Bhering), Data Protection Committee, (Jiuliano Maurer), and Emerging Issues Committee (Karlo Fonseca Tinoco), plus 1 partner sitting on a MARQUES Committee, i.e., Trademark Law and Practice Committee (Philippe Bhering);


•We have an international department and work with a consolidated network of foreign correspondents, thus making possible the effective protection of our cases also abroad.


BMA – Barbosa, Müssnich, Aragão - Intellectual Property

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Band 2

第二等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Antonella Carminatti, Claudia Schulz and Ana Cristina Müller
- 3 partners
- 10 other qualified lawyers

What the team is known for Full-service outfit recognised for its distinguished IP team. Frequently assists major players from the pharmaceutical, electronics and luxury goods industries on the protection, management and enforcement of all types of IP rights, including patents, trade marks, copyrights, trade secrets and industrial designs. Admired for its strength in related fields such as advertising, franchising, e-commerce and data protection.

Strengths Clients observe: "The team understands our sense of urgency, remains available to assist us 24/7 and provides legal counselling that covers every single angle of intellectual property law," adding: "They have a profound understanding of our cases and work very swiftly in an efficient manner."

Work highlights Advised the Supreme Committee for Delivery & Legacy on its trade mark portfolio related to the 2022 FIFA World Cup which will take place in Qatar.

Significant clients Starbucks, Raízen, Fíbria, L’Oréal, Vodafone.

Notable practitioners

Co-head of department Antonella Carminatti is noted for the strength of her capabilities advising clients on IP litigation, anti-counterfeiting programmes and transactional IP mandates. Clients describe her as "a reference in the IP market who is always available and is extremely pleasant to work with."

Partner Claudia Schulz frequently advises clients on IP protection strategies and franchising. She also handles the drafting and negotiation of IP agreements and has experience representing clients in trade mark and unfair competition disputes. Market sources praise her as "a great lawyer" who "focuses on IP litigation and trade mark issues."

Senior associate José Eduardo Pieri is well known for his considerable experience providing counsel on sports and entertainment rights, trade marks, data protection and transactional IP issues. Clients say: "We were truly impressed with how much he studied our company. He was extremely efficient and presented strategies completely aligned with our business."

Department profile by BMA – Barbosa, Müssnich, Aragão

The combination of our scientists' and engineers' technical skills and the legal expertise of our lawyers means that BMA PI provides clients with a high-quality multidisciplinary service that is unmatched in the Brazilian market.

We provide a full range of professional services in the protection, management and enforcement of all types of intellectual property rights — patents, trademarks, copyrights, trade secrets, industrial designs, domain names and plant varieties, as well as related fields such as advertising, franchising, e-commerce, entertainment, geographical indications and appellations of origin. Our range of experience covers every industry and technology – from electrical and computer technology to luxury goods, industrial manufacturing, consumer products, biotechnology, pharmaceuticals and chemicals.

BMA IP's team has won an international reputation for its ability to provide personalized service aimed at achieving our clients' objectives through the highest standards of quality and efficiency.

Our practice is worldwide through a carefully tested global network of firms. As a result, we are able to direct and coordinate the international IP portfolios of our clients, assuring them of the same strategic focus and technical capabilities that we provide in Brazil. Likewise, foreign law firms are confident that their clients will find uncompromising excellence when they call on BMA PI for assistance in prosecution, litigation and consultation matters in Brazil.

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Demarest Advogados - Intellectual Property

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Band 2

第二等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Head of department: Tatiana Campello
- 3 partners
- 6 other qualified lawyers

What the team is known for Esteemed firm actively assisting major fashion, technology and retail companies on the full spectrum of IP matters. Comprehensive experience advising on patent, copyright, trade mark and franchising matters. Well regarded for its expertise conducting IP due diligence related to corporate transactions, IP litigation and arbitration and IP protection. Additional strength providing counsel on cybersecurity and R&D partnerships.

Strengths Clients note: "The team worked swiftly, delivered high-quality work and had a great understanding of our industry. Our experience with them was excellent."

Work highlights Successfully advised Bayer on the filing of lawsuits against several seed producers which were violating its IP rights over genetically modified cotton seeds.

Significant clients Harley-Davidson, Metro International, Pirelli, King Digital Entertainment, Nike/Converse.

Notable practitioners

Head of department Tatiana Campello has over 20 years of experience assisting major food and beverages, electronics and sporting goods companies with the full range of IP matters. Clients commend her as "a business-oriented professional who consistently delivers excellent legal work." They add: "She is a highly proactive lawyer who capably represents our interests in challenging situations and finds solutions which are mutually beneficial for both parties."

Head of the IP litigation practice Marcelo Junqueira Inglez de Souza frequently provides counsel to cosmetics, aviation and pharmaceutical companies in IP-related civil litigation and arbitration proceedings. Peers consider him "an excellent litigator."

Associate-to-watch Julia Davet Pazos focuses on consultancy related to the protection of IP assets as well as administrative litigation regarding the violation of those rights. Interviewees report: "She pays great attention to clients and has ample knowledge of IP issues."

Department profile by Demarest Advogados

Agreements, trademarks, patents, franchises, copyright, software and all procedures related to protection and management of the intellectual property, with practical point of view of use of the intangible assets in corporate business. Demarest relies on an extensive network of law firms abroad to protect and monitor industrial property rights worldwide.

Among the activities conducted by Demarest, the following stand out:

  • preparation and negotiation of agreements involving licensing and assignment of intellectual properties rights; technology transfer; technical services provision; franchising; software; use of image; as well as license for use of "content";​
  • assistance in all procedures for the registration and protection of trademark, patent, industrial design, software, copyright etc.;
  • full assistance and monitoring of administrative, civil or criminal measures involving violations of intellectual property rights (counterfeit, piracy, plagiarism, unfair competition etc.);
  • specialized legal due diligence review in the Intellectual Property area.

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International alliances
Leadership and continuous commitment to the local market and its clients. These traits qualify Demarest and make it the sole Brazilian law firm member of Lex Mundi, the world’s leading network of independent law firms, and also a member of The Interlex Group and ELA. Besides certifying Demarest’s global quality, the membership in those entities provides an extensive network of cooperation and sharing of information with leading law firms around the globe and enables Demarest to deal with cost efficiency and accuracy in the most challenging cross border international cases.

Foreign Desks
As a leverage among the others Brazilian Law firms, Demarest’s may compete worldwide on legal advice to international companies seeking to invest in Brazil and Brazilian companies intending to open its business units around the globe. The firm’s foreign desks have particular knowledge and expertise in specific regions such as China, France, Germany, Korea, Portugal, Spain and Latin America, besides the straight relation with the European Community and North America.


Montaury Pimenta, Machado & Vieira de Mello - Intellectual Property

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Band 2

第二等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Eduardo Magalhães Machado and Joana Mattos
- 4 partners
- 12 other qualified lawyers

What the team is known for Highly regarded and specialised IP boutique based in Rio de Janeiro. Routinely handles a comprehensive range of IP matters and is particularly noted for its work in trade mark prosecution and enforcement, as well as litigation including infringement actions. Samsung and Peugeot-Citroën are amongst the firm's new client wins.

Work highlights Assisted Clube de Regatas do Flamengo with the filing of an appeal before the Brazil Patent & Trademark Office regarding its decision to reject the registration of the 'Flamengo' trade mark.

Significant clients Visa, Asics, Qualcomm, Musical.LY, Besins Healthcare.

Notable practitioners

Founding partner Luiz Edgard Montaury Pimenta is well known for his long-standing track record advising on copyright and software matters. He also regularly assists clients with issues related to advertising, marketing, contracts and cyber-law.

Head of the trade marks practice Eduardo Magalhães Machado is an active figure in arbitration and has a notable track record in the IP market. He specialises in contracts, copyright and software issues. He recently successfully advised El País on the filing of an appeal before the Brazil Patent & Trademark Office to register its brand in Brazil.

Ricardo Vieira de Mello has an abundance of expertise in a variety of sector issues, frequently advising clients on matters such as copyright, software, anti-piracy and domain names. Peers observe: "He is renowned in the area and focuses on trade mark-related administrative and judicial disputes."

Department profile by Montaury Pimenta, Machado & Vieira de Mello

Department profile not yet provided by Montaury Pimenta, Machado & Vieira de Mello. Please see their firm profile.

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Di Blasi, Parente & Associados - Intellectual Property

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Band 3

第三等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Paulo Parente Marques Mendes and Gabriel Di Blasi
- 13 partners
- 25 other qualified lawyers

What the team is known for Specialised IP firm with an established presence in the market. Draws on the support of an in-house team of engineers and biologists to offer the full range of IP services including the registration, monitoring and defence of IP rights. Notable track record assisting clients from the electronics, information technology and beverage sectors with sector-related litigation, patent enforcement, copyrights, portfolio management and ambush marketing issues.

Strengths Clients note: "The team's lawyers have an excellent knowledge of patents law."

Work highlights Advised Accor on the filing of an infringement lawsuit based on its prior IP rights to the trade mark 'Ibis'.

Significant clients IBM, Samsung, Fibria, Reckitt Benckiser, Rede D'Or.

Notable practitioners

Founding partner Gabriel Di Blasi has an industrial engineering background and specialises in patent prosecution and litigation related to the pharmaceutical and biotechnology sectors. His practice covers licensing, franchising and ANVISA-related regulatory matters. Clients describe him as "an extremely attentive lawyer who strives to solve all of our demands with maximum promptness."

Managing partner Paulo Parente Marques Mendes has over 30 years of experience assisting clients with copyright issues, entertainment and sports law and trade marks prosecution. He is also noted for his knowledge of anti-counterfeiting strategies and antitrust law.

Department profile by Di Blasi, Parente & Associados

Di Blasi, Parente & Associados has been providing legal services in Brazil and around the world to businesses and innovators for 30 years. A full-service intellectual property firm, it specializes in patent and trademark prosecution and enforcement, copyright registration, business transactions, regulatory law, sports and entertainment law, unfair competition, franchising and corporate law. The mission of the firm is to provide superior services to clients - with agility, competency and security.

We provide a full range of Intellectual Property solutions in Brazil to help our clients acquire their IP rights, monitor them, protect and defend them. Our highly-skilled team of attorneys and technical specialists, including many scientists and engineers, work diligently to provide competent and trustworthy results for everything from preliminary clearance searches and freedom to operate reports to full drafting and filing services and judicial measures, both in Brazil and around the world.

Some of the fields that our team at Di Blasi, Parente & Associados specifically focus on are: automotive, communications, consumer goods, electronics, energy, food & beverage, information technology, life sciences - biology, biotechnology, chemistry, environmental science, genomics, medical devices, mining, agriculture, pharmaceutical sciences, media and sports & entertainment.

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Di Blasi, Parente & Associados specializes in finding the best way for our clients to protect their inventions and to be able to exploit them in Brazil with the confidence that they need.

We advise clients of all sizes, big and small, from joint ventures and individual inventors to famous global conglomerates. Some of our key clients include international players in the food and beverage sector (trademarks and patents), international hospitality chains (trademarks), cellulose (patents and patent litigation) and pharmaceuticals (patents and patent litigation), sports superstars and rock/pop bands. We have clients from the United States, Germany, France, Japan, Italy and throughout the world.

Our team constantly stays on top of all of the latest developments in IP and is in constant communication with key organizations, decision makers and regulators in Brazil, providing a channel for additional insight and better solutions.

The firm also has an advanced proprietary system for docketing and tracking all trademark matters that provides an unexpected level of organization and preparedness, along with excellent and integrated communications – clients know what to expect, when the deadlines are and what their options are for securing, protecting and maintaining their IP rights.

We are headquartered in the center of Rio de Janeiro, located near the Brazilian Patent and Trademark Office, the State and Federal Courts, as well as the Registry of Commerce of Rio de Janeiro State. Additionally, Di Blasi, Parente & Associados has a satellite office in São Paulo, to better assist those multinationals and local companies with a presence in Brazil’s largest city and its financial center, and which is also ideally located for housing the firm’s Japanese Practices Group and our Customs & Anti-counterfeiting team.


Licks Attorneys - Intellectual Property

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Band 3

第三等

Commentary from the Chambers Latin America guide

Basic facts about the department
- 7 partners
- 28 other qualified lawyers

What the team is known for Highly active team respected for its experience advising local and global companies from the pharmaceutical, medical devices and information technology sectors on patent litigation and strategic consultancy issues. Capably supports clients from the first filing of an application to the last appeal and post-grant opposition. Well equipped to defend IP rights before regulatory agencies and all levels of the judiciary. New client wins include Dynamic Air and Gilead Sciences.

Strengths Clients report: "The firm has a highly focused team which excels in breaking down the complex legal procedures in Brazil for non-Brazilians, and has developed an effective method of ensuring that the client's needs are met even in the face of a challenging legal and political climate."

Work highlights Advising Ericsson on a standard-essential patent (SEP) litigation case in Brazil against a Chinese manufacturer and vendor of mobile phone devices implementing technologies covered by Ericsson's patents.

Significant clients Novartis, Merck Sharp & Dohme, C&A, Dynamic Air, Vringo Infrastructure.

Notable practitioners

Founding partner Otto Licks has over 20 years of experience advising on strategic IP and life sciences litigation involving the telecoms, medical devices and information technology sectors. He is also noted for his expertise in regulatory compliance, international patent issues and misleading advertising. Clients remark: "He understands how to create winning strategies for clients." Peers add: "He is one of the great names in our market."

Department profile by Licks Attorneys

Licks Attorneys is a Brazilian top tier law firm, recognized for successfully handling large and strategic litigation and counselling on Intellectual Property, Life Sciences, Food & Drug, Regulatory, Internet Law, Data Privacy and Cyber Crime projects in the country.

Licks Attorney’s team, over the last years, has handled complex litigation, strategic counselling, policy making, IP prosecution and regulatory matters, representing and giving advice to global companies from different industries seeking to protect blockbusters and strategic interests in Brazil.

With offices in Rio de Janeiro, Sao Paulo and Tokyo, the firm has the background, experience and technological capabilities to serve companies of all sizes.

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Licks’s team understands that the Brazilian and South American market is a difficult market to navigate, especially for foreign companies. In this regard, our team is constantly gathering top notch intelligence and organizing it in easy to understand material. We are able to provide you with the best information about Brazil and assist our clients in better understanding this part of the globe.

The firm has a number of foreign-trained attorneys and partners and a motivated multi-lingual team with the background and capabilities to advise companies of all sizes from across the globe.

Licks also has an Asian desk, completely qualified to provide the best support to Japanese companies. We currently have 5 personnel with Japanese and Mandarin language capabilities among our offices.

Offices: Rio de Janeiro, Sao Paulo and Tokyo.


Murta Goyanes Advogados - Intellectual Property

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Band 3

第三等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Antonio Murta and Marcelo Goyanes
- 4 partners
- 10 other qualified lawyers

What the team is known for Experienced team active in all fields of IP law including trade marks, patents, copyright law and sector-related litigation. Often retained by major companies from the chemical, retail and media sectors for its strong capabilities advising on entertainment law, domain names, licensing and franchising agreements. Well-regarded strength handling trade mark and patent prosecutions. Alibaba Group is a new client win.

Strengths Clients report: "The team's lawyers have an excellent understanding of local laws and practice but also understand how this differs from other countries. This gives them insight into some of the frustrations companies often have with IP matters in Brazil and they seek to minimise these as much as possible."

Work highlights Advises Coca-Cola on the management of its non-soft drinks trade mark portfolio in Brazil. This includes approximately 700 live trade mark registrations and applications as well as opposition and invalidity proceedings against the trade marks of third parties.

Significant clients Walmart, Globo, GlaxoSmithKline, Alpargatas, Electrolux.

Notable practitioners

Founding partner Antonio Murta has substantial experience advising on a range of IP matters such as trade marks, unfair competition and sector-related litigation. Clients describe him as "an exceptionally knowledgeable and responsive lawyer who stays at the cutting edge of IP law." They add: "He is a very insightful practitioner who seeks to understand the objective of a business first and then offers practical advice to meet those goals in an efficient manner."

Department profile by Murta Goyanes Advogados

Department profile not yet provided by Murta Goyanes Advogados. Please see their firm profile.

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Pinheiro Neto Advogados - Intellectual Property

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Band 3

第三等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: André Zonaro Giacchetta and José Mauro Machado
- 2 partners
- 13 other qualified lawyers

What the team is known for Esteemed full-service firm with strong capabilities in the IP market. Admired for its track record representing international heavyweights from the technology and social media sectors on both transactional and contentious mandates, with particular expertise in IP litigation. Additionally noted for its experience providing counsel on IP issues related to tax, labour and corporate law.

Strengths Interviewees enthuse: "I really enjoy working with Pinheiro Neto. The lawyers are highly knowledgeable, very solutions-oriented, pragmatic and on top of cases. Their English is also excellent and all of our cases are efficiently handled."

Work highlights Advised Apple Computer Brasil on the ongoing lawsuit filed by the civil association, Instituto Brasileiro de Política e Direito da Informática (IBDI), alleging that certain features of the App Store violate consumer and antitrust law. IBDI has asked for collective damages totalling BRL459 million.

Significant clients Facebook, Twitter, Netflix, Uber, Amazon.

Notable practitioners

Co-head of department André Zonaro Giacchetta has over 20 years of experience providing counsel on IP disputes, advertisement and entertainment law and IP crimes. He is additionally noted for his expertise in technology transfer agreements and copyright law. Clients report: "We consider him an ally who provides frank legal counsel and consistently delivers great work before the agreed deadlines."

Clients praise partner José Mauro Machado for his "excellent expertise in copyright matters and streaming rights in Brazil." Another source adds: "He excels in trade mark disputes and always provides us with clear and concise communication on our options." He regularly advises clients from the technology and social media sectors on matters related to trade marks, patents and copyright disputes.

Counsel Márcio Junqueira Leite concentrates on IP litigation related to the technology, media and entertainment sectors. He is also noted for his experience advising on commercial litigation, franchising and copyrights. Clients say: "He remains available to us and has a strong understanding of foreign IP legislation which proves very useful in cross-border issues."

Department profile by Pinheiro Neto Advogados

Pinheiro Neto Advogados has over 45 years of experience in the intellectual property practice including trademarks, patents, industrial drawings, scientific, literary and artistic works, computer programs etc. We advise our clients on a wide variety of settings where in-depth knowledge is the key to success.

The intellectual property group has a comprehensive national and international experience. Many practitioners are members of local and international intellectual property entities.

Our intellectual property group has wide experience in civil and criminal litigation, in particular lawsuits involving unfair competition created by piracy on the Internet, as well as lawsuits for nullity of patents, industrial drawings and trademarks unduly granted by the National Industrial Property Institute (INPI).

Our firm offers the necessary structure for registration of trademarks, patents, industrial drawings, computer programs, copyrights and domain names. The firm works in coordination with major law firms overseas, providing our clients with effective and agile services around the globe.

Pinheiro Neto Advogados also advises clients on disputes involving comparative advertising, both in ethics-related complaints brought by the Advertising Self-Regulatory Council (CONAR) and in infraction notices issued by the National Public Health Agency (ANVISA) with respect to advertising materials for medical drugs.

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Soerensen Garcia Advogados Associados - Intellectual Property

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Band 3

第三等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Mario Soerensen Garcia, Paula Bezerra de Menezes and Barbara Cattete Dias
- 4 partners
- 7 other qualified lawyers

What the team is known for Dynamic IP boutique acknowledged for its experience handling the full gamut of IP issues, including trade marks, patents, domain names and trade secrets. Advises international clients from the food and beverage, pharmaceutical and technology sectors on the management of their IP portfolios. Additionally noted for its expertise in administrative and judicial disputes for the protection of IP rights as well as protection and enforcement strategies.

Strengths Interviewees say: "The firm's prices are fair, we get answers to our questions almost immediately, and its lawyers understand the needs of clients."

Work highlights Successfully advised Facebook and LinkedIn on pre-litigation settlements related to trade mark infringements and unfair competition by sending warning letters and directly contacting third parties without further need to litigate before the Brazilian Patent & Trademark Office.

Significant clients Amazon, Dell, Allergan, Marriott, Harley Davidson.

Notable practitioners

Founding partner Mario Soerensen Garcia is well versed in the full range of IP matters including trade marks, copyright and patent litigation, and often provides counsel to major companies from the automotive, pharmaceutical and consumer goods sectors. Market sources consider him "a reference who continues to be very active" and "a highly knowledgeable and personable IP lawyer."

Department profile by Soerensen Garcia Advogados Associados

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Trench Rossi Watanabe (in cooperation with Baker McKenzie International) - Intellectual Property

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Band 3

第三等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Esther Flesch, Flavia Rebello, Flávia Vasconcelos and Marcela Trigo
- 4 partners
- 9 other qualified lawyers

What the team is known for Respected full-service firm with substantial experience in all areas of IP law. Noted for its strength handling complex licensing transactions involving tax and antitrust aspects. Well equipped to advise major international players from the biopharmaceutical, cosmetics and technology sectors on patent prosecution, the management of trade mark portfolios, and litigation before the BPTO and ANVISA.

Strengths Clients state: "The team's well-qualified professionals, along with their desire to offer clients a personalised service suited to their needs, were real highlights for us."

Work highlights Continues to advise HSBC on the management of its trade mark portfolio in Brazil and abroad, which includes providing counsel on clearance searches, conflicts with third parties and trade mark prosecution.

Significant clients Votorantim, IBM, GE, 3M, Taco Bell.

Notable practitioners

Partner and co-head of department Flavia Rebello frequently assists major companies from the technology, e-commerce and media sectors on IP protection, technology transfer agreements, franchising and trade mark prosecution mandates. She is also noted for her expertise in licensing, copyright law and the taxation of IP rights. Sources praise her as "an extremely competent lawyer."

Partner Flávia Maria Vasconcelos Pereira is noted for her considerable experience assisting companies from the pharmaceutical, luxury goods and electronics sectors with the filing of patent and trade mark applications, the management of portfolios, copyright law and plant variety protection.

Department profile by Trench Rossi Watanabe (in cooperation with Baker McKenzie International)

Department profile not yet provided by Trench Rossi Watanabe (in cooperation with Baker McKenzie International). Please see their firm profile.

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Veirano Advogados - Intellectual Property

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Band 3

第三等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Valdir Rocha and Fábio Pereira
- 2 partners
- 9 other qualified lawyers

What the team is known for Prominent full-service firm known for its strength in a wide range IP matters. Well equipped to provide multidisciplinary advice on numerous IP matters including patent prosecution and licensing agreements. Additionally offers experience representing clients from the technology, luxury goods and hospitality sectors in litigation involving trade marks, patents and unfair competition.

Strengths Clients report: "The team is efficient, well organised and works swiftly to resolve all of our legal issues."

Work highlights Advises a large international hotel chain on the drafting, revision and execution of several franchise and trade mark licence agreements.

Significant clients Tiffany & Co, Wyndham Hotel Group, Marriott, Dell, Hertz.

Notable practitioners

Partner Valdir de Oliveira Rocha Filho has over 30 years of experience advising on IP law including the registration, licensing and litigation of trade marks, industrial designs, patents and copyrights. He is additionally well regarded for his extensive knowledge of technology transfer and franchising agreements. Market sources describe him as "a highly dedicated professional" and "an excellent lawyer."

Co-head of department Fábio Luiz Barboza Pereira focuses on IP transactions involving copyrights, trade marks, patents, franchising and advertising. He is also a recognised specialist in licensing issues, media and entertainment and data protection. Clients say: "He has deep knowledge of the IP sector," and "always delivers work swiftly."

Department profile by Veirano Advogados

The Veirano Advogados intellectual property practice group is recognized for its experience and in-depth knowledge of a market in a constant state of transition. With 25 dedicated professionals, we offer services to domestic and foreign companies in all market segments, both in Brazil and abroad.

We provide IP-related legal services to assist our clients in protecting corporate assets such as:

• Computer programs
• Copyright
• Domain names
• Know-how
• Industrial designs
• Patents
• Privacy and personal rights
• Proprietary information
• Technologies
• Trade secrets
• Trademarks
The breadth of our practice includes expertise in:

• Advertising - clearance of advertising campaigns and defense of procedures before the Brazilian advertising self-regulatory council (CONAR)
• Agency and licensing agreements
• E-commerce
• Entertainment and sports
• Information technology - cloud computing, integrated circuit topography, internet and technological innovation, among others
• Trade dress
• Unfair competition

Our IP team is known in the market for its expertise in assisting clients to establish franchises in Brazil, drafting and negotiating franchise, distribution and supply agreements, as well as franchise disclosure documents.

We have considerable experience in intellectual property issues involving plant varieties, biotechnology, life sciences, pharmaceuticals, and projects involving transfer of technology, technical assistance and know-how.

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Veirano’s Intellectual Property practice is known for its capacity to delivery excellent work products, qualification of professionals, multi-sector expertise and international connectivity – all part of a sizable practice within a full-service law firm, one of the largest in the country.

The practice includes more than 25 professionals throughout Brazil who assist clients in the protection, negotiation and exploitation of their intellectual property assets. This talented group of professionals includes two in-house patent engineers and a pharmacist, who also support the Entertainment and the Information Technology and Telecom practices. Our team also includes several professionals qualified in Europe and in the U.S., enabling Veirano IP team to serve both domestic and international clients with highly specialized skills and experience.

Our attorneys are known for their consulting abilities, transactional work and litigation skills relating to copyrights, rights of publicity, patents, trademarks, industrial designs, geographical indications, domain names, computer programs, trade secrets, trade dress, unfair competition, internet and e-commerce activities, advertising, sports, entertainment, information technology, outsourcing, cloud computing, franchising, agreements for distribution, representation and licensing, transfer of technology, semiconductor technologies, and other technology agreements, know–how and other IP-related matters. Thus, the team is able to register, prosecute IP rights and litigate on behalf of clients at the same standard it provides advisory consultancy assistance with respect to those intangible rights.

Team members hold important positions in various chambers of commerce, including the International Chamber of Commerce (ICC), as well as in international associations, including the British, American and Deutsch Chambers of Commerce, the International Trademark Association (INTA), the International Bar Association (IBA), the Global Advertising Lawyers Association (GALA), the International Association for the Protection of Intellectual Property (AIPPI), the Interamerican Association of Intellectual Property (ASIPI), the International Association of Entertainment Lawyers (IAEL), the International Technology Law Association (ITechLaw), the International Franchise Lawyers Association (IFLA) and the World Services Group (WSG), among others.

British and Commonwealth Desk

The British & Commonwealth Desk is comprised by lawyers with effective experience in the UK and/or the Commonwealth countries, as well as by lawyers who have studied and/or worked in the UK and/or in countries of the Commonwealth. Veirano counts on more than 15 lawyers at this Desk.

Fábio Pereira is the head of the Desk, being the main point of contact for issues affecting clients based in the UK and he is Veirano’s liaison with UK Trade & Investment (UKTI), the British Chamber of Commerce (Britcham), the British Consulate (Sao Paulo and Rio de Janeiro) and the British Council.

In the past year, the Desk worked in several deals and projects for UK firms and UK-based clients, including British Telecom (BT), Snapchat (UK), Nabarro, LLP; Penningtons Manches, LLP; Norton Rose Fullbright, LLP; White & Case; Scripps Networks Interactive (Dentons UKMEA LLP), among others.

The Desk also worked for some other UK-based clients, such as Orange Brand Services Limited (settlement agreement with infringers in Brazil and Paraguay) and domain name issues; and McLaren Racing Limited in connection with trademark prosecution before the Brazilian IPO.

German Desk


The Firm’s German Desk consists of a team of 14 attorneys fluent in German, which offer a wealth of experience and services to companies from the German speaking world, helping them achieve their business objectives in Brazil.

In the other direction, with the support of colleagues from the German speaking world, we assist Brazilian companies, in the protection of their interests and investments in countries, such as Germany, Austria and Switzerland.

Some of the characteristics that make our Desk unique in the market include:

• Former experience as in-house within multinationals and as attorneys at leading German law firms
• Thorough understanding of German law, as well as German, Austrian and Swiss business environment, ethics and corporate governance
• Profound expertise in Brazilian law
• Depending on the necessities of each client, can function as a one stop full service firm for certain projects, act as a “virtual” legal department for those that do not have their own department, or render advice on particular cases and matters of interest

Whilst the head of our Desk is licensed to practice law in Germany, most of our Brazilian members have concluded part of their law degrees in Germany. Hence, they gained professional fluency in the German language and proximity to the German legal system and business mindset.

Track Record

Veirano Advogados has been providing a vast array of legal advice to German clients in Brazil, as well as to Brazilian clients invested in the German speaking world and in their commercial relations with German parties.


Ariboni, Fabbri e Schmidt Sociedade de Advogados - Intellectual Property

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Band 4

第四等

Commentary from the Chambers Latin America guide

Basic facts about the department
- approximately 2 qualified lawyers

What the team is known for Well-known practice offering IP services on patents, trade mark, industrial design, copyright and technology transfer matters. Supports clients from its offices in São Paulo and Rio de Janeiro.

Notable practitioners

Market commentators describe Lélio Denicoli Schmidt as "an extremely qualified and intelligent lawyer" for his legal knowledge of contentious IP issues.

Interviewees respect partner Hélio Fabbri Jr for his "long-standing track record' in the IP arena. He specialises in brands, licensing contracts, franchises, contentious work and technology transfer agreements.

Department profile by Ariboni, Fabbri e Schmidt Sociedade de Advogados

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Daniel Advogados - Intellectual Property

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Band 4

第四等

Commentary from the Chambers Latin America guide

Basic facts about the department
- 19 partners
- 6 other qualified lawyers

What the team is known for Experienced IP firm reputed for its strength in trade marks and patents. Actively advises on trade mark prosecution, brand protection, contracts and licensing mandates. Clients from the electronics, aeronautic, energy and pharmaceuticals sectors compose their portfolio. Whirlpool Corporation is a new client win.

Strengths Clients say: "They have a heightened understanding of Brazilian internet laws and the way IP intersects with it, which is extremely helpful to businesses in the technology sector."

Work highlights Advised Bristol-Myers Squibb on the filing of an appeal before the BPTO regarding the rejection of a patent application.

Significant clients Shell, Virgin, BBC, Facebook, 3M.

Notable practitioners

Robert Daniel-Shores is a key client contact.

Department profile by Daniel Advogados

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David Do Nascimento Advogados Associados - Intellectual Property

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Band 4

第四等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Marcello do Nascimento and Ricardo do Nascimento
- 3 partners
- 17 other qualified lawyers

What the team is known for Long-standing practice particularly focused on the prosecution and litigation of trade mark and patents. Noted for the experience of its dedicated anti-counterfeiting team. Client portfolio consists of relevant players in the entertainment, telecommunications, cosmetics and pharmaceutical industries.

Strengths Clients say: "Their lawyers are very industrious and proactively research the problems our company might encounter both in Brazil and abroad."

Significant clients Disney, Novartis, PepsiCo, Philips, Procter & Gamble.

Notable practitioners

Name partner Marcello do Nascimento specialises in trade marks, patents, industrial designs and copyright law. He is also noted for his knowledge in franchising and technology transfer agreements. Market sources praise him as "an experienced and fast-working lawyer" who is "always up to date with developments in the pharmaceutical industry."

Department profile by David Do Nascimento Advogados Associados

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Guerra IP - Intellectual Property

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Band 4

第四等

Commentary from the Chambers Latin America guide

Basic facts about the department
- 11 partners
- 1 other qualified lawyer

What the team is known for IP boutique noted for its strong focus on administrative matters. Assists an impressive roster of national and international clients with patent prosecution, the creation and management of patent portfolios, and actions to nullify decisions made by the BPTO.

Strengths Client report: "The firm offers great client service, swift responses and very attractive prices."

Notable practitioners

Partner Ricardo Pinho is acknowledged for his long-standing experience in the IP arena. Interviewees describe him as "a highly experienced lawyer who is very respected and has practised intellectual property law for over 40 years." They add: "He has a deep knowledge of IP-related administrative issues."

Department profile by Guerra IP

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Luiz Leonardos & Advogados - Intellectual Property

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Band 4

第四等

Commentary from the Chambers Latin America guide

Basic facts about the department
- 17 partners
- 60 other qualified lawyers

What the team is known for Respected IP boutique with solid experience in an array of matters including patents, trade marks, designs, unfair competition, contracts and domain names. Frequently provides counsel to key players from the food, automotive, cosmetics and fashion industries.

Strengths Clients highlight the team's "superior communication skills" and "helpful attitude," adding: "The firm obtains great results for us and provides clear, practical and commercial advice."

Notable practitioners

Founding partner Luiz Leonardos receives high praise from interviewees, who describe him as "a reference" and "one of the names we look up to." He is a renowned expert in administrative and judicial litigation related to patent and trade mark matters.

Department profile by Luiz Leonardos & Advogados

LUIZ LEONARDOS & ADVOGADOS mixes the expertise and resourcefulness gained in almost 100 years of work devoted to Intellectual Property in Brazil with the advantages of a newly created framework - one that is more effective and personal in the interaction with clients. Created as a direct result of the split of Momsen Leonardos & Advogados on April 30, 2012, Luiz Leonardos & Advogados has 16 partners and over 60 experienced professionals dedicated to all areas related to I.P.

The experience acquired by the Senior Partners with over 50 years of distinguished practice in I.P. enabled the creation of a highly specialized team. The team of attorneys, engineers, biologists and industrial property agents is characterized by its long time of work and gained experience in all fields.

Luiz Leonardos & Advogados provides all the assistance necessary to obtaining, maintaining and protecting intellectual property rights, not only in the administrative sphere, but also before the Brazilian Courts, with the traditional level of services which became a reference in intellectual property in Brazil. 



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Müller Mazzonetto - Intellectual Property

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Band 4

第四等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Karina Haidar Müller, Nathalia Mazzonetto and Alexandre Fukuda Yamashita
- 3 partners
- 2 other qualified lawyers

What the team is known for Flourishing boutique specialised in IP litigation, licensing contracts, technology transfer agreements and transactional mandates. Clients hail from a wide range of sectors including the pharmaceutical, health, sports, construction and energy industries. CIELO is a new client win.

Strengths Clients report: "The firm has a very specialised, competent and experienced team. I would highlight their objectivity and availability."

Work highlights Advised Braskem on several IP contractual matters such as technology transfer, licensing, joint development and technical assistance agreements.

Significant clients Ford, JBS, Bulgari, Eurofarma, Ecolab.

Notable practitioners

Founding partner Nathalia Mazzonetto has considerable experience advising on IP litigation and ADR methods. Clients remark: "She is truly skilful during negotiations, always seeks what is best for the client and avoids needless litigation that would be slow and expensive for the company." Another client adds: "She is highly responsive, proactive and gives us great confidence when she is leading our cases."

Name partner Karina Haidar Müller concentrates on trade marks, patents, technology transfer agreements and licensing issues. Clients say: "She is highly committed to our cases and is always assisting us in a proactive manner." They add: "She has incredible knowledge of intellectual property law."

Department profile by Müller Mazzonetto

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Ouro Preto Advogados - Intellectual Property

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Band 4

第四等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Rodrigo de Ouro Preto Santos, Samantha Braga and Marcella Freire
- 3 partners
- 8 other qualified lawyers

What the team is known for Growing IP boutique noted for its activity in dispute resolution and prosecution mandates related to trade mark, patent, trade dress and unfair competition matters. Well equipped to counsel established companies from the real estate, tobacco and technology sectors. Multiplan, Oracle and eBay are new client wins.

Significant clients Petrobras, BAT, IKEA, Axis, Harrods.

Notable practitioners

Name partner Rodrigo de Ouro Preto Santos has over 20 years of experience assisting clients with a range of IP issues such as the management of trade mark and patent portfolios, sector-related litigation, licensing agreements and copyright law. Clients describe him as "a passionate and articulate lawyer who is committed to his profession," and "a strategic thinker who provides us with personalised client service."

Founding partner Samantha Bancroft Vianna Braga capably provides counsel on the full range of IP law. She specialises in IP litigation, trade mark prosecution and technology transfer agreements.

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Siqueira Castro - Advogados - Intellectual Property

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Band 4

第四等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Márcio Costa de Menezes e Gonçalves and Eduardo Ribeiro Augusto
- 3 partners
- 9 other qualified lawyers

What the team is known for Established full-service firm with an IP team focused on anti-piracy strategies and preventative measures against the entry and distribution of counterfeit goods. Provides counsel on a wide range of sector issues such as patents, trade secrets, trade marks, industrial designs, licensing agreements and IP litigation. KRJ Indústria e Comércio is a new client win.

Strengths Clients comment: "Their team has ample knowledge of intellectual property law and is made up very committed lawyers." Another source adds: "Their professionals remain available and swiftly respond to our queries."

Work highlights Successfully advised Peixe Urbano on the filing of a lawsuit against Hotel Urbano Serviços Digitais regarding the undue use of the term 'Urbano' by the defendant as well as the trade dress of its website.

Significant clients Sky, Nextel, Rinaldi Produções, Expor Manequins, Companhia Paulista de Papéis e Artes Gráficas.

Notable practitioners

Partner Márcio Costa de Menezes e Gonçalves is acknowledged for the strength of his practice related to anti-piracy strategies and IP crimes. Clients consider him "an extremely active IP professional who is always up to date with the latest trends and developments," adding: "He pays a great deal of attention to clients and is very pleasant to work with."

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Souto, Correa, Cesa, Lummertz & Amaral Advogados - Intellectual Property

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Band 4

第四等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Head of department: Leticia Provedel
- 1 partner
- 11 other qualified lawyers

What the team is known for Increasingly visible IP practice assisting clients with their IP matters in Brazil. Focuses on investigation and enforcement matters related to the pharmaceutical, aviation and luxury goods sectors. Has additional expertise in the food and beverages, mining and retail industries. Grupo Pão de Açúcar and Airbnb are new client wins.

Work highlights Represented Brazilian artist Gilberto Gil in an ongoing case against Universal Music and other record companies regarding online royalty payments.

Significant clients Airbus, Vale, Hypermarcas, Yoplait, Honda.

Notable practitioners

Head of department Leticia Provedel is well versed in a wide range of IP matters including copyright law related to the entertainment, cosmetics and technology industries. Clients observe: "She has vast knowledge of IP law and of the corporate world which allows her to quickly understand the needs of our company." They add: "She is a very hands-on and highly knowledgeable lawyer," who has "significant experience working with multinational companies and their subsidiaries."

Department profile by Souto, Correa, Cesa, Lummertz & Amaral Advogados

The firm’s IP & Entertainment practice is composed by 12 professionals, among which 4 patent attorneys, and is a market reference for patents, trademarks, franchises, copyrights, domain names, industrial designs, know-how, trade secrets, software and the Internet, unfair competition, e-commerce, business name disputes, trade-dress, biotechnology, and highly regulated areas. The team offers a range of services to international companies of all sizes and advises Brazilian entities in their internationalization processes, even helping them in the implementation of internal innovation and technology policies that stimulate their technological development. In addition, the practice area provides consultancy services on matters related to the music and audiovisual industries, events, online content providers, television broadcasters, advertising agencies, record labels and music publishers, in activities that require multidisciplinary expertise involving copyrights, sponsorship, advertising and branded entertainment. The IP team also assists advertising agencies in projects involving branding and naming, providing full legal advice in negotiations and contracts, including all related tax, labor and corporate aspects.




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Souto's IP team counts with a network of over 150 trust partners worldwide in the management our national client's portfolio and assist over 100 international companies in protecting and enforcing its IP rights in Brazil, many of which Fortune 100 companies and leaders in their fields of activity. 


TozziniFreire Advogados - Intellectual Property

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Band 4

第四等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Andreia de Andrade Gomes and Marcela Waksman Ejnisman
- 4 partners
- 9 other qualified lawyers

What the team is known for Established IP team frequently sought out by major companies from the fashion, social media and pharmaceutical sectors. Handles licensing, technology transfer and franchise agreements and copyright issues. Additionally strength prosecuting the registration of trade mark and patents before the BPTO. Glassdoor and Beraca are new client wins.

Strengths Clients report: "Tozzini has a team of extremely competent IP professionals who are highly responsive and achieve our desired results. I would definitely recommend them."

Work highlights Advised Nintendo on the registration of trade marks and the terms of service and privacy policy for the Pokémon Go game in order to render it compliant with Brazilian law.

Significant clients Facebook, Tishman Speyer, Hyundai, McCain, Scholle.

Notable practitioners

Head of the São Paulo department Marcela Waksman Ejnisman regularly advises on the negotiation of joint ventures involving technology transfer and licensing agreements. She also provides counsel on the defence and registration of trade marks, patents and industrial designs before the Brazilian Industrial Property Institute (INPI).

Andreia de Andrade Gomes specialises in copyrights and licensing agreements related to the information technology, life sciences and fashion industries, with further experience in data privacy, cybersecurity and entertainment law. Clients note: "She is a very knowledgeable and responsive lawyer who does a fabulous job in the prosecution of IP rights."

Department profile by TozziniFreire Advogados

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To help our clients respond faster and more effectively to the increasing business opportunities between Brazil and both key existing trade partners and specific fast-growing economies, our firm pioneered the creation of foreign desks in Latin America, composed of professionals dedicated to these major trade and investment destinations. Starting with our Asian initiative (comprising our China, Korea and Japan desks) and fast developing towards other markets (German-speaking countries and Latin America), these unique knowledge centers are staffed with professionals familiar with the culture, legal and business practices of each region, and who are charged with keeping up-to-date with bilateral trade relations developments between Brazil and those countries.


Araripe & Associados - Intellectual Property

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Band 5

第五等

Commentary from the Chambers Latin America guide

Basic facts about the department
- approximately 10 qualified lawyers

What the team is known for Established IP practice with increasing visibility in the market. Handles litigation and prosecution matters for a broad range of national and foreign corporate clients, with significant names from the American, European and Japanese markets.

Notable practitioners

Luiz Araripe is the main point of contact for clients.

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Dias Teixeira Sociedade de Advogados - Intellectual Property

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Band 5

第五等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Head of department: Diogo Dias Teixeira
- 1 partner
- 5 other qualified lawyers

What the team is known for Active practice retained by national companies and law firms to assists with the IP aspects of corporate transactions. Solid track record advising on the prosecution of trade marks, domain names and patents. Additional expertise includes assisting clients with anti-piracy measures, unfair competition and legal disputes involving copyrights, software and company names.

Strengths Satisfied clients note: "The firm offers clients tailor-made service and is highly specialised in intellectual property law."

Work highlights Advised major playing cards producer Copag on the development and implementation of an international anti-piracy strategy.

Significant clients Suzano, Vinci Partners, Hypermarcas, Guarani, ConectCar.

Notable practitioners

With a background in digital and entertainment law, partner Diogo Dias Teixeira is noted by clients as "an excellent professional who is highly competent and attentive to clients. He is always available when I need him." He offers significant knowledge of licensing agreements, entertainment law and litigation involving domain names.

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Matos & Associados - Advogados - Intellectual Property

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Band 5

第五等

Commentary from the Chambers Latin America guide

Basic facts about the department
- approximately 3 qualified lawyers

What the team is known for Consolidated IP practice routinely retained to tackle the administrative and judicial aspects of IP law, with additional experience advising on matters related to the media and entertainment industries. Represents both foreign and Brazilian companies and has a notable presence in the Rio de Janeiro market.

Notable practitioners

Managing partner Luis Fernando Matos Jr has a significant track record advising clients on a variety of IP matters, including copyright, patents, trade marks and IT.

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Pinheiro Palmer Advogados - Intellectual Property

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Band 5

第五等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Walter Palmer and Cristina Pinheiro Palmer
- 2 partners
- 1 other qualified lawyer

What the team is known for Respected IP boutique known for its distinctive expertise representing US-based clients from the insurance, media and medical devices sectors. Particularly active in the protection and enforcement of patents and trade marks as well as copyright law, sector-related agreements and internet legislation.

Strengths Clients report: "The firm’s advice is extremely thorough, with the lawyers anticipating any issues which clients may raise. They break down the risks and the likelihood of success at each stage in great detail."

Significant clients Weir Group, Samsung, Dow Jones & Company, Waters Technologies Corporation, Supercell Oy.

Notable practitioners

Founding partner Walter Palmer is well regarded for his experience advising insurance, electronics and manufacturing companies on trade mark prosecution and enforcement as well on copyright law, domain names and IP litigation. Clients say: "He has a real knack for advising US-based clients, and anticipating issues and questions that these clients care about."

Cristina Pinheiro Palmer is known for her expertise handling IP contracts, patent prosecutions and industrial design issues. She is further noted for her strength in the prosecution and enforcement of trade marks. Sources report: "She speaks perfect English," and "focuses on contentious IP mandates."

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Remer Villaça & Nogueira Intellectual Property - Intellectual Property

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Band 5

第五等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Simone Villaça and Ricardo Remer
- 4 partners
- 16 other qualified lawyers

What the team is known for Skilled practice group offering advice on a range of IP matters, such as trade marks, contracts and litigation. Client portfolio includes a number of leading companies from the health, retail and pharmaceutical industries.

Strengths Clients are full of praise for the firm's "extremely competent and knowledgeable professionals."

Work highlights Successfully advised Grendene on a patent litigation lawsuit filed by Vriesendorp & Gaade which ended with indemnity payments, public apologies in a news publication and a non-aggression clause granted to the client.

Significant clients Unilever, Roche, Sanofi, Federal University of Rio Grande do Sul, Merck & Co.

Notable practitioners

Partners Simone Villaça and Ricardo Remer are the key client contacts.

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Silveiro Advogados - Intellectual Property

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Band 5

第五等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Head of department: Rodrigo Azevedo
- 3 partners

What the team is known for Compact team based in Porto Alegre with knowledge of digital issues related to copyrights, domain names, trade marks and intangible assets. Provides counsel to major players from the telecommunications, retail and consumer goods sectors on IP filings. Also helps clients comply with the legal framework regarding internet regulations.

Strengths Clients remark: "Digital law is a very specific field, and the firm has great and up-to-date professionals who are able to correlate IP matters with other areas of law. They are a reference for this issue in Porto Alegre."

Work highlights Successfully advised Elevadores Otis on the filing of a lawsuit against Elevadores Cts seeking the abstention of the defendant from practising acts of unfair competition as well as from using the name Cts or any other expression that may cause confusion with the plaintiff's brands.

Significant clients Telefónica, Ipiranga, RBS, Banco Safra, Lojas Renner.

Notable practitioners

Head of department Rodrigo Azevedo is an expert on internet law who has over 20 years of experience advising on a range of IP issues, such as mediations and arbitrations, sector-related judicial disputes and copyright law. Clients note: "He is certainly a reference in Rio Grande do Sul for IP matters."

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ZCBS - Zancaner Costa, Bastos & Spiewak - Intellectual Property

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Band 5

第五等

Commentary from the Chambers Latin America guide

Basic facts about the department
- Heads of department: Benny Spiewak and Pedro Carneiro
- 2 partners
- 9 other qualified lawyers

What the team is known for Respected boutique focused on IP-related transactional, regulatory and compliance mandates. Provides counsel to well-known clients hailing from the pharmaceutical and medical devices industries, with additional experience advising foreign companies from the military technology and defence sectors. Johnson & Johnson and Nestlé are new client wins.

Strengths Clients enthuse that the work delivered by the firm is "carried out to a high standard and always before the agreed deadline."

Work highlights Advises Dow on securing, structuring and licensing the intellectual property of Dow AgroSciences in Brazil.

Significant clients Sanofi, Gilead Sciences, Takeda, Intrexon, Totvs.

Notable practitioners

Founding partner Benny Spiewak specialises in strategic consultancy and transactional mandates related to the acquisition, licensing and commercial use of IP rights and assets. He is noted for his considerable knowledge of highly regulated industries and of the R&D sector.

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Overview

BRAZIL: An Introduction to Intellectual Property Contributed by Philippe Bhering, Bhering Advogados

1. International Treaties

Brazil is signatory to major international IP treaties, including (i) the Paris Convention for the Protection of Industrial Property, (ii) the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), (iii) the Patent Cooperation Treaty (PCT), (iv) the Berne Convention for the Protection of Literary and Artistic Works, (v) the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, (vi) the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, (vii) the Strasbourg Agreement Concerning the International Patent Classification, (viii) the Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, (ix) the UPOV Convention, and (x) the WIPO Convention.

As for trade mark law treaties, Brazil is not yet signatory to the Madrid Protocol. In recent years, there have been positive moves towards accession to the Protocol. The draft Accession Agreement is currently before the Office of the Presidential Chief of Staff (Casa Civil), pending submission to the National Congress.

2. National Laws

In Brazil, the provisions of trade mark, patent, design and unfair competition law are collectively set out in the Brazilian Industrial Property Law – BIPL (Law No. 9,279 of May 14, 1996). Of note regarding copyright and software law are the Brazilian Copyright Law – BCL (Law No. 9,610 of February 19, 1998, “BCL”) and the Brazilian Software Law (Law No. 9,609 of February 19, 1998, “BSL”), respectively.

In general, Brazilian IP Laws apply to nationals of, or persons domiciled in, a country that grants Brazilians or persons domiciled in Brazil equal or equivalent rights under the laws of that country.

The BIPL regulates rights and obligations regarding patents (for inventions and utility models), industrial designs, trade marks, geographical indications, technology transfer agreements and the repression of unfair competition. The BCL, in its turn, regulates the rights over literary and artistic works, as well as neighbouring rights. The BSL sets out provisions for the protection of intellectual property rights pertaining to computer programs and their sale in this country.

Responsibility for the registration of trade marks, patents, industrial designs and software, as well as the registration of licensing agreements, lies with the Brazilian Patent and Trade Mark Office, known in Portuguese as the Instituto Nacional da Propriedade Industrial (INPI). The INPI is a government agency under the auspices of the Ministry of Development Industry and Foreign Trade (MDIC). Its main function is the management of the Brazilian system for the concession of intellectual property rights. Works protected under the Copyright Law, depending on their nature, shall be registered with other different public bodies, such as the National Library or the Music School of the Federal University of Rio de Janeiro.

A trade mark registration remains in effect for ten years commencing with the date of its grant, and may be renewed for equal and successive periods. An industrial design registration remains in force for a period of ten years from the date of filing, being extendable for three successive periods of five years each. As for patent registration, an invention patent remains in force for a period of 20 years, and a utility model patent for a period of 15 years from the date of filing (and a minimum of ten years (patents) and seven years (utility models) from the date of grant).

Copyright registration is optional for the purposes of protection. If the work is original in accordance with the terms of the BCL, it will be afforded copyright protection regardless of registration. According to the BCL, the economic rights of the author are protected for 70 years from the first day of January of the year following his/her death. The “moral” rights involved are inalienable and irrevocable, i.e. they cannot be transferred, licensed or waived.

3. Enforcement of IP Rights

The BIPL provides that infringement of trade mark, design, patent and geographical indication rights and acts of unfair competition constitute both a civil wrong (tort) and a crime. Likewise, copyright and software infringement are both civil wrongs (tort) and crimes. Hence, the injured party is entitled to rely on both civil and criminal measures in order to enforce its rights.

As for the civil proceedings, the injured party may file a lawsuit seeking the cessation of the infringing act, coupled with a claim for damages. The lawsuit may also include a request for an ex parte preliminary injunction with a view to immediately cease the harmful conduct, pending a decision on the merits. The plaintiff may also seek the imposition of a daily penalty for failure to abide by the preliminary injunction.

In addition to infringement actions, the BIPL makes provision for the setting aside of trade marks, designs and patent registrations which have been unduly appropriated by third parties. In such a nullity action, the interested party may include in its initial application a request for an immediate stay of the effects of the registration in question, pending a final decision on the substantive issue of whether or not there has been undue appropriation.

Infringement actions must be filed before the state courts, whereas the aforementioned nullity actions are heard by federal courts. This is because INPI is automatically a party to all nullity actions and whenever a government agency is a party to a lawsuit, the action must be filed before the federal courts.

Criminal remedies prescribed by the BIPL, the BSL and the Criminal Code include imprisonment or the imposition of a fine on the infringer. In terms of criminal proceedings, one very important provision is the possibility of filing a preliminary criminal search and seizure action, aimed at gathering evidence of acts of infringement and avoiding the destruction or hiding of evidence by the infringer.

Border control mechanisms also feature as part of the Brazilian system of enforcement of IP rights. Federal Decree No. 6759 of February 5, 2009 includes authorisation for the customs authority to seize any products it considers to bear altered or imitated marks.

Of note in this context is the increase in recent years in the number of surveillance and enforcement operations conducted by customs and federal police agents. Customs authorities have also been implementing anti-counterfeit training sessions and workshops for customs agents. These measures have led to a significant increase in the effectiveness of the operations conducted.

4. Updates

Priority examination of “Green Patents” becomes a permanent procedure at the Brazilian PTO

After four years as a pilot programme, the Brazilian PTO decided to make the priority examination of so-called “Green Technology” a permanent service and published, on December 6, 2016, Resolution No. 175/16, which regulates such procedures. This priority examination may be requested by applicants of patents related to the technologies listed in the Annex of Resolution No. 175/16, namely, (i) alternative energy, (ii) transportation, (iii) energy conservation, (iv) waste management, and (v) sustainable agriculture. In addition, there are requirements which must be met in order for the applicant to enjoy priority examination for his patents, which are (i) the application must have been published and in case it is still within the secrecy period, an anticipated publication needs to be requested; (ii) the technical examination must have already been requested but not yet initiated by the BPTO; and (iii) the set of claims must contain at most 15 claims, being no more than three independent claims. Regarding any possible voluntary amendment that may be presented, the applicant will need to comply with the rule set forth in article 32, of Brazilian Industrial Property Law - BIPL (Law No. 9,279/96), i.e. the applicant may make changes to its patent application until the time of the request for examination, provided these are limited to the subject matter initially disclosed therein.

The end of an impasse between the Brazilian PTO and the Brazilian Health Regulatory Agency (ANVISA) regarding the granting of pharmaceutical patents

Another significant advance related to IP in Brazil is the end of an impasse between the Brazilian PTO and the Brazilian Health Regulatory Agency (ANVISA) regarding the granting of pharmaceutical patents. After years of deadlock, both the BPTO and ANVISA have recently reached an understanding regarding the procedures to be followed by each in the analysis of pharmaceutical patent applications. The impasse began when a statutory provision allowed ANVISA to become involved in the procedures for the granting of pharmaceutical patents, the so-called "prior consent" after the patent examination by the BPTO. The justification for the "prior consent" was that analyses performed by ANVISA would be more thorough and more critical than the ones made by the BPTO. However, the inclusion of an additional federal entity, i.e. ANVISA, for the analysis of pharmaceutical patents has greatly delayed the examination of patent applications. The situation became worse when, in 2009, the Office of the General Counsel for the Federal Government (AGU) published an opinion limiting the acting powers of ANVISA. This opinion determined that ANVISA was to be limited to the evaluation of the safety and efficacy of medicinal products claimed in a patent application. In 2012, the flow of examination was reversed in the sense that all procedures in the pharmaceutical area would be first analysed by ANVISA, and then analysed by the BPTO. This measure, despite being put into practice, did not generate effective results in the granting of patents (i.e. the queue of procedures waiting for a solution only increased). This impasse came to an end when, on March 14, 2017, the BPTO and ANVISA reported that a Joint Decree would soon be published, defining the attributions of each body in the evaluation of pharmaceutical patent applications. In short, the analysis of data related to health will be tasked to ANVISA and the evaluation of data pertaining to patentability (novelty, inventive step and industrial application), to the Brazilian PTO.

The Brazilian PTO’s New Guidelines for the examination of patent applications involving inventions implemented by computer program

Also in the patent field, the Brazilian PTO, with the purpose of maintaining transparency in the examination of patent applications, published on December 06, 2016, Resolution No. 158/2016, which brings new guidelines for the examination of patent applications involving inventions implemented by computer programs. Firstly, it should be noted that the Resolution correctly used the term "patents for inventions implemented by computer programs" as Brazil does not grant software patents – software referring to the literal elements of the source code, according to article 10, item V, of the BIPL. It is also important to mention that the BPTO has been granting patents for inventions implemented by computer programmes for a long time, since an invention cannot be excluded from patent protection only because it is implemented by modern technical means such as software. In fact, what needs to be evaluated for the protection or not of a particular invention is the means by which the technical problem is being solved”. Thus, if a process falls within the prohibitions of article 10 of the BIPL, it is irrelevant whether it is implemented by software or not, i.e. the use of a computer programme is no longer a criterion for classification in the prohibitions of article 10 of the BIPL. Accordingly, it is expected that, with the publication of Resolution No. 158/16, the technical examinations made by the BPTO will become more agile and easier, i.e. involving less scrutiny in relation to the protection or not of the object of the invention, when it involves a computer program.

Simplified procedure for the granting of patent applications

The Brazilian PTO, together with the Brazilian Ministry of Industry, Foreign Trade and Services (MIFTS), opened a public consultation on July 31, 2017, regarding a new proposal for a simplified procedure for the granting of patent applications. The objective of this new proposed procedure, according to the BPTO, is to guarantee transparency to the process, as well as align the measures to fight the backlog in the examination of patents with demands from society. According to the proposal, the patents whose new applications or requests to enter the national phase are filed by the date of publication of the new proposal will have them granted within 90 days, as long as they fulfill certain requirements and have not received reasoned subsidies from third parties. Patent applications involving pharmaceutical products and processes are excluded from this simplified procedure. The interested parties have until August 21, 2017, to send their suggestions, after this date, proposals will be analysed by the BPTO and the MIFTS.

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Senior Statesmen

Luiz Leonardos & Advogados

From the Chambers Latin America guide

Founding partner Luiz Leonardos receives high praise from interviewees, who describe him as "a reference" and "one of the names we look up to." He is a renowned expert in administrative and judicial litigation related to patent and trade mark matters.

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Senior Statesmen

Peter Dirk Siemsen

Dannemann Siemsen

From the Chambers Latin America guide

Highly respected founding partner Peter Dirk Siemsen is noted for his long-standing track record advising on the full range of IP law including patents, trade marks, copyright and technology transfer agreements. Peers consider him "one of our greatest references," and "one of the names we look up to."

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Luiz Henrique do Amaral

Dannemann Siemsen

From the Chambers Latin America guide

Widely respected amongst market observers, Luiz Henrique do Amaral is a renowned expert in franchising matters for national and international companies. Market sources laud him as "a reference and a great lawyer who is regularly active in some of the market's most strategic cases."

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José Roberto Gusmão

Gusmão & Labrunie

From the Chambers Latin America guide

Admired founding partner José Roberto Gusmão is a widely respected professional in the IP arena. He has noted experience representing multinational clients in cross-border patent litigation and unfair competition disputes. Additional areas of strength include trade marks, domain names and copyrights. Sources describe him as "a great lawyer" who is "highly demanding when it comes to quality."

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Elisabeth Kasznar Fekete

Kasznar Leonardos Intellectual Property

From the Chambers Latin America guide

Admired founding partner and head of the São Paulo practice Elisabeth Kasznar Fekete has over 30 years of experience advising on IP law. She is well equipped to advise on both litigation and consultancy related to trade marks, anti-counterfeiting, unfair competition, copyrights and trade secrets. She is particularly noted for her expertise in strategic IP litigation. Market sources commend her as "an absolute reference for IP law who deserves all the compliments she receives."

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Gabriel Francisco Leonardos

Kasznar Leonardos Intellectual Property

From the Chambers Latin America guide

Head of the Rio de Janeiro department Gabriel Francisco Leonardos is deeply respected in the market for his long-standing experience in IP litigation before the courts and consultancy related to licensing agreements, patents, trade marks and copyrights. He is also well known for his expertise in trade mark prosecution and IP-related arbitration mandates.

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Demarest Advogados

From the Chambers Latin America guide

Head of department Tatiana Campello has over 20 years of experience assisting major food and beverages, electronics and sporting goods companies with the full range of IP matters. Clients commend her as "a business-oriented professional who consistently delivers excellent legal work." They add: "She is a highly proactive lawyer who capably represents our interests in challenging situations and finds solutions which are mutually beneficial for both parties."

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Antonella Carminatti

BMA – Barbosa, Müssnich, Aragão

From the Chambers Latin America guide

Co-head of department Antonella Carminatti is noted for the strength of her capabilities advising clients on IP litigation, anti-counterfeiting programmes and transactional IP mandates. Clients describe her as "a reference in the IP market who is always available and is extremely pleasant to work with."

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Gustavo de Freitas Morais

Dannemann Siemsen

From the Chambers Latin America guide

Clients praise Gustavo de Freitas Morais as "an exceptional lawyer who is very responsive, attentive to clients and comes up with creative ideas on how to best handle our problems." They add: "He is a great leader and team manager who is always available and provides us with trustworthy legal opinions."   

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Valdir de Oliveira Rocha Filho

Veirano Advogados

From the Chambers Latin America guide

Partner Valdir de Oliveira Rocha Filho has over 30 years of experience advising on IP law including the registration, licensing and litigation of trade marks, industrial designs, patents and copyrights. He is additionally well regarded for his extensive knowledge of technology transfer and franchising agreements. Market sources describe him as "a highly dedicated professional" and "an excellent lawyer."

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Band 2

José Antonio B.L. Faria Correa

Dannemann Siemsen

From the Chambers Latin America guide

José Antonio Faria Correa is an expert in trade mark and computer program protection issues who regularly advises domestic and multinational companies from the food, pharmaceutical and technology industries. Interviewees commend him as "a very knowledgeable lawyer," who is " a truly great practitioner and an expert."

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Gusmão & Labrunie

From the Chambers Latin America guide

Name partner Jacques Labrunie is a well-known name amongst market observers for his extensive experience handling patent and trade mark infringements on behalf of major players from the food, automotive and pharmaceutical industries. His areas of expertise include geographic indications, unfair competition and copyright issues.

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Band 2

Luiz Edgard Montaury Pimenta

Montaury Pimenta, Machado & Vieira de Mello

From the Chambers Latin America guide

Founding partner Luiz Edgard Montaury Pimenta is well known for his long-standing track record advising on copyright and software matters. He also regularly assists clients with issues related to advertising, marketing, contracts and cyber-law.

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Band 3

Silveiro Advogados

From the Chambers Latin America guide

Head of department Rodrigo Azevedo is an expert on internet law who has over 20 years of experience advising on a range of IP issues, such as mediations and arbitrations, sector-related judicial disputes and copyright law. Clients note: "He is certainly a reference in Rio Grande do Sul for IP matters."

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Band 3

Bhering Advogados

From the Chambers Latin America guide

Partner Pedro Bhering has over 35 years of experience advising multinational corporations from the USA, Asia and Latin America on IP issues. Clients describe him as "a highly renowned practitioner" and "an excellent lawyer particularly with regards to technology transfer agreements." They add: "He is an easily available professional who understands our concerns as clients and is always ready to explore options and find solutions."

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Band 3

Rodrigo Borges Carneiro

Dannemann Siemsen

From the Chambers Latin America guide

Rodrigo Borges Carneiro has experience in a range of IP matters including trade marks, geographical indications, copyright and technology transfers. He also has particular knowledge and expertise in IP issues relating to the USA.

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Band 3

Rodrigo A de Ouro Preto Santos

Ouro Preto Advogados

From the Chambers Latin America guide

Name partner Rodrigo de Ouro Preto Santos has over 20 years of experience assisting clients with a range of IP issues such as the management of trade mark and patent portfolios, sector-related litigation, licensing agreements and copyright law. Clients describe him as "a passionate and articulate lawyer who is committed to his profession," and "a strategic thinker who provides us with personalised client service." 

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Lélio Denicoli Schmidt

Ariboni, Fabbri e Schmidt Sociedade de Advogados

From the Chambers Latin America guide

Market commentators describe Lélio Denicoli Schmidt as "an extremely qualified and intelligent lawyer" for his legal knowledge of contentious IP issues.

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Di Blasi, Parente & Associados

From the Chambers Latin America guide

Founding partner Gabriel Di Blasi has an industrial engineering background and specialises in patent prosecution and litigation related to the pharmaceutical and biotechnology sectors. His practice covers licensing, franchising and ANVISA-related regulatory matters. Clients describe him as "an extremely attentive lawyer who strives to solve all of our demands with maximum promptness."

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Ariboni, Fabbri e Schmidt Sociedade de Advogados

From the Chambers Latin America guide

Interviewees respect partner Hélio Fabbri Jr for his "long-standing track record' in the IP arena. He specialises in brands, licensing contracts, franchises, contentious work and technology transfer agreements.

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Dannemann Siemsen

From the Chambers Latin America guide

Partner Attilio Gorini offers clients over twenty years of experience in IP law and is particularly noted for his knowledge of media and entertainment, copyright and trade mark issues. Market sources recommend him as "an expert in copyright issues" and "a very good professional."

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Licks Attorneys

From the Chambers Latin America guide

Founding partner Otto Licks has over 20 years of experience advising on strategic IP and life sciences litigation involving the telecoms, medical devices and information technology sectors. He is also noted for his expertise in regulatory compliance, international patent issues and misleading advertising. Clients remark: "He understands how to create winning strategies for clients." Peers add: "He is one of the great names in our market."

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Band 3

Eduardo Magalhães Machado

Montaury Pimenta, Machado & Vieira de Mello

From the Chambers Latin America guide

Head of the trade marks practice Eduardo Magalhães Machado is an active figure in arbitration and has a notable track record in the IP market. He specialises in contracts, copyright and software issues. He recently successfully advised El País on the filing of an appeal before the Brazil Patent & Trademark Office to register its brand in Brazil.

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Luis Fernando Matos Jr

Matos & Associados - Advogados

From the Chambers Latin America guide

Managing partner Luis Fernando Matos Jr has a significant track record advising clients on a variety of IP matters, including copyright, patents, trade marks and IT.

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Murta Goyanes Advogados

From the Chambers Latin America guide

Founding partner Antonio Murta has substantial experience advising on a range of IP matters such as trade marks, unfair competition and sector-related litigation. Clients describe him as "an exceptionally knowledgeable and responsive lawyer who stays at the cutting edge of IP law." They add: "He is a very insightful practitioner who seeks to understand the objective of a business first and then offers practical advice to meet those goals in an efficient manner."   

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Guerra IP

From the Chambers Latin America guide

Partner Ricardo Pinho is acknowledged for his long-standing experience in the IP arena. Interviewees describe him as "a highly experienced lawyer who is very respected and has practised intellectual property law for over 40 years." They add: "He has a deep knowledge of IP-related administrative issues."

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Souto, Correa, Cesa, Lummertz & Amaral Advogados

From the Chambers Latin America guide

Head of department Leticia Provedel is well versed in a wide range of IP matters including copyright law related to the entertainment, cosmetics and technology industries. Clients observe: "She has vast knowledge of IP law and of the corporate world which allows her to quickly understand the needs of our company." They add: "She is a very hands-on and highly knowledgeable lawyer," who has "significant experience working with multinational companies and their subsidiaries."

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BMA – Barbosa, Müssnich, Aragão

From the Chambers Latin America guide

Partner Claudia Schulz frequently advises clients on IP protection strategies and franchising. She also handles the drafting and negotiation of IP agreements and has experience representing clients in trade mark and unfair competition disputes. Market sources praise her as "a great lawyer" who "focuses on IP litigation and trade mark issues."

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Mario Soerensen Garcia

Soerensen Garcia Advogados Associados

From the Chambers Latin America guide

Founding partner Mario Soerensen Garcia is well versed in the full range of IP matters including trade marks, copyright and patent litigation, and often provides counsel to major companies from the automotive, pharmaceutical and consumer goods sectors. Market sources consider him "a reference who continues to be very active" and "a highly knowledgeable and personable IP lawyer."

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ZCBS - Zancaner Costa, Bastos & Spiewak

From the Chambers Latin America guide

Founding partner Benny Spiewak specialises in strategic consultancy and transactional mandates related to the acquisition, licensing and commercial use of IP rights and assets. He is noted for his considerable knowledge of highly regulated industries and of the R&D sector.

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José Carlos Vaz e Dias

Vaz e Dias Advogados & Associados

From the Chambers Latin America guide

Experienced partner José Carlos Vaz e Dias of Vaz e Dias Advogados & Associados regularly advises international companies from the technology sector on IP litigation and foreign investment law. He is noted for his expertise in the prosecution of trade marks and patents, as well as technology transfer agreements and sector-related taxation issues.

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Marcela Waksman Ejnisman

TozziniFreire Advogados

From the Chambers Latin America guide

Head of the São Paulo department Marcela Waksman Ejnisman regularly advises on the negotiation of joint ventures involving technology transfer and licensing agreements. She also provides counsel on the defence and registration of trade marks, patents and industrial designs before the Brazilian Industrial Property Institute (INPI).

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André Zonaro Giacchetta

Pinheiro Neto Advogados

From the Chambers Latin America guide

Co-head of department André Zonaro Giacchetta has over 20 years of experience providing counsel on IP disputes, advertisement and entertainment law and IP crimes. He is additionally noted for his expertise in technology transfer agreements and copyright law. Clients report: "We consider him an ally who provides frank legal counsel and consistently delivers great work before the agreed deadlines."

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Band 4

Samantha Bancroft Vianna Braga

Ouro Preto Advogados

From the Chambers Latin America guide

Founding partner Samantha Bancroft Vianna Braga capably provides counsel on the full range of IP law. She specialises in IP litigation, trade mark prosecution and technology transfer agreements.

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Band 4

Fábio Luiz Barboza Pereira

Veirano Advogados

From the Chambers Latin America guide

Co-head of department Fábio Luiz Barboza Pereira focuses on IP transactions involving copyrights, trade marks, patents, franchising and advertising. He is also a recognised specialist in licensing issues, media and entertainment and data protection. Clients say: "He has deep knowledge of the IP sector," and "always delivers work swiftly."

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Bhering Advogados

From the Chambers Latin America guide

Head of the São Paulo practice and of the firm's German desk, Philippe Bhering offers international clients extensive knowledge of both European and German trade mark and unfair competition law. Clients praise him as "an excellent lawyer who I highly recommend for his timely and well-founded legal advice." They add: "He is an outstanding lawyer who speaks great German."

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Ana Paula Celidonio

Gusmão & Labrunie

From the Chambers Latin America guide

Ana Paula Celidonio has a background in biology and maintains a solid presence in the industrial design arena. Her other key areas of focus include patents, trade secrets and plant varieties. She is currently the co-ordinator of the Industrial Design Committee of the Brazilian Intellectual Property Association (ABPI).

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Márcio Costa de Menezes e Gonçalves

Siqueira Castro - Advogados

From the Chambers Latin America guide

Partner Márcio Costa de Menezes e Gonçalves is acknowledged for the strength of his practice related to anti-piracy strategies and IP crimes. Clients consider him "an extremely active IP professional who is always up to date with the latest trends and developments," adding: "He pays a great deal of attention to clients and is very pleasant to work with."

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Andreia de Andrade Gomes

TozziniFreire Advogados

From the Chambers Latin America guide

Andreia de Andrade Gomes specialises in copyrights and licensing agreements related to the information technology, life sciences and fashion industries, with further experience in data privacy, cybersecurity and entertainment law. Clients note: "She is a very knowledgeable and responsive lawyer who does a fabulous job in the prosecution of IP rights."

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Laetitia M. A. P. d'Hanens

Gusmão & Labrunie

From the Chambers Latin America guide

Laetitia d'Hanens specialises in trade marks and acts in a variety of other practice areas including copyright, software and geographical indications. Interviewees describe her as "a very good lawyer," and "a highly dedicated professional."

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Marcello do Nascimento

David Do Nascimento Advogados Associados

From the Chambers Latin America guide

Name partner Marcello do Nascimento specialises in trade marks, patents, industrial designs and copyright law. He is also noted for his knowledge in franchising and technology transfer agreements. Market sources praise him as "an experienced and fast-working lawyer" who is "always up to date with developments in the pharmaceutical industry."

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Joaquim Eugênio Goulart

Dannemann Siemsen

From the Chambers Latin America guide

Market commentators describe Joaquim Eugênio Goulart as "a capable IP litigation lawyer," who is "highly knowledgeable and is becoming a real stand-out for the strength of his patents practice." Clients add: "He is a highly competent, personable and responsive professional who speaks great English."

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Karina Haidar Müller

Müller Mazzonetto

From the Chambers Latin America guide

Name partner Karina Haidar Müller concentrates on trade marks, patents, technology transfer agreements and licensing issues. Clients say: "She is highly committed to our cases and is always assisting us in a proactive manner." They add: "She has incredible knowledge of intellectual property law."

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Marcelo Junqueira Inglez de Souza

Demarest Advogados

From the Chambers Latin America guide

Head of the IP litigation practice Marcelo Junqueira Inglez de Souza frequently provides counsel to cosmetics, aviation and pharmaceutical companies in IP-related civil litigation and arbitration proceedings. Peers consider him "an excellent litigator."

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Karin Klempp Franco

Rothmann Sperling Padovan Duarte Advogados

From the Chambers Latin America guide

Admired partner Karin Klempp Franco of Rothmann Sperling Padovan Duarte Advogados is described by peers as "a reference" in the IP sector for her expertise handling sector-related contracts. Clients praise her as "a fantastic IP specialist who has a very practical understanding of cases, immediately solves problems and offers us 24-hour support."

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José Mauro Machado

Pinheiro Neto Advogados

From the Chambers Latin America guide

Clients praise partner José Mauro Machado for his "excellent expertise in copyright matters and streaming rights in Brazil." Another source adds: "He excels in trade mark disputes and always provides us with clear and concise communication on our options." He regularly advises clients from the technology and social media sectors on matters related to trade marks, patents and copyright disputes.

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Nathalia Mazzonetto

Müller Mazzonetto

From the Chambers Latin America guide

Founding partner Nathalia Mazzonetto has considerable experience advising on IP litigation and ADR methods. Clients remark: "She is truly skilful during negotiations, always seeks what is best for the client and  avoids needless litigation that would be slow and expensive for the company." Another client adds: "She is highly responsive, proactive and gives us great confidence when she is leading our cases."

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Pinheiro Palmer Advogados

From the Chambers Latin America guide

Founding partner Walter Palmer is well regarded for his experience advising insurance, electronics and manufacturing companies on trade mark prosecution and enforcement as well on copyright law, domain names and IP litigation. Clients say: "He has a real knack for advising US-based clients, and anticipating issues and questions that these clients care about."

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Paulo Parente Marques Mendes

Di Blasi, Parente & Associados

From the Chambers Latin America guide

Managing partner Paulo Parente Marques Mendes has over 30 years of experience assisting clients with copyright issues, entertainment and sports law and trade marks prosecution. He is also noted for his knowledge of anti-counterfeiting strategies and antitrust law.

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Cristina Pinheiro Palmer

Pinheiro Palmer Advogados

From the Chambers Latin America guide

Cristina Pinheiro Palmer is known for her expertise handling IP contracts, patent prosecutions and industrial design issues. She is further noted for her strength in the prosecution and enforcement of trade marks. Sources report: "She speaks perfect English," and "focuses on contentious IP mandates."

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Flavia Rebello Pereira

Trench Rossi Watanabe (in cooperation with Baker McKenzie International)

From the Chambers Latin America guide

Partner and co-head of department Flavia Rebello frequently assists major companies from the technology, e-commerce and media sectors on IP protection, technology transfer agreements, franchising and trade mark prosecution mandates. She is also noted for her expertise in licensing, copyright law and the taxation of IP rights. Sources praise her as "an extremely competent lawyer."

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Flávia Maria Vasconcelos Pereira

Trench Rossi Watanabe (in cooperation with Baker McKenzie International)

From the Chambers Latin America guide

Partner Flávia Maria Vasconcelos Pereira is noted for her considerable experience assisting companies from the pharmaceutical, luxury goods and electronics sectors with the filing of patent and trade mark applications, the management of portfolios, copyright law and plant variety protection.

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João Vieira da Cunha

Gusmão & Labrunie

From the Chambers Latin America guide

João Vieira da Cunha regularly provides counsel on litigation, unfair competition and advertising disputes, with experience in contentious mandates such as fashion trade mark infringements. Clients describe him as "an excellent IP lawyer who is very efficient and always available." They add: "He is a capable litigation lawyer whose name is on the rise."

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Fernando Jucá Vieira de Campos

Mesquita Ribeiro

From the Chambers Latin America guide

Market observers describe Fernando Jucá Vieira de Campos of Mesquita Ribeiro as "a respected name" in the IP arena. He offers expertise in a wide range of IP matters including copyrights, licensing and franchise agreements and unfair competition issues.

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Ricardo Vieira de Mello

Montaury Pimenta, Machado & Vieira de Mello

From the Chambers Latin America guide

Ricardo Vieira de Mello has an abundance of expertise in a variety of sector issues, frequently advising clients on matters such as copyright, software, anti-piracy and domain names. Peers observe: "He is renowned in the area and focuses on trade mark-related administrative and judicial disputes."

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Up and Coming

Diogo Dias Teixeira

Dias Teixeira Sociedade de Advogados

From the Chambers Latin America guide

With a background in digital and entertainment law, partner Diogo Dias Teixeira is noted by clients as "an excellent professional who is highly competent and attentive to clients. He is always available when I need him." He offers significant knowledge of licensing agreements, entertainment law and litigation involving domain names.

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Up and Coming

Márcio Junqueira Leite

Pinheiro Neto Advogados

From the Chambers Latin America guide

Counsel Márcio Junqueira Leite concentrates on IP litigation related to the technology, media and entertainment sectors. He is also noted for his experience advising on commercial litigation, franchising and copyrights. Clients say: "He remains available to us and has a strong understanding of foreign IP legislation which proves very useful in cross-border issues."   

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Up and Coming

Rafael Lacaz Amaral

Kasznar Leonardos Intellectual Property

From the Chambers Latin America guide

Clients describe partner Rafael Lacaz Amaral as "a professional who offers a deep legal knowledge of intellectual property and civil litigation law as well as a real sense of urgency." They add: "He is always objective and displays great knowledge of the field." He handles IP litigation and trade mark prosecution, amongst other issues.

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Associates to watch

Julia Davet Pazos

Demarest Advogados

From the Chambers Latin America guide

Associate-to-watch Julia Davet Pazos focuses on consultancy related to the protection of IP assets as well as administrative litigation regarding the violation of those rights. Interviewees report: "She pays great attention to clients and has ample knowledge of IP issues."

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Associates to watch

Luiz Felipe di Sessa

Souza, Cescon, Barrieu & Flesch Advogados

From the Chambers Latin America guide

Clients praise head of IP Luiz Felipe di Sessa of Souza, Cescon, Barrieu & Flesch Advogados as "a client-focused lawyer who is highly knowledgeable and provides us with a 360-degree view of of our issues." They add: "He is committed to his clients, works swiftly and understands our needs."

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Associates to watch

José Eduardo Pieri

BMA – Barbosa, Müssnich, Aragão

From the Chambers Latin America guide

Senior associate José Eduardo Pieri is well known for his considerable experience providing counsel on sports and entertainment rights, trade marks, data protection and transactional IP issues. Clients say: "We were truly impressed with how much he studied our company. He was extremely efficient and presented strategies completely aligned with our business."

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