PATENTS, TRADEMARKS AND COPYRIGHT

The Brazilian Patent Act of 1996 enables foreign trademarks and patents to be registered and protected. A patent is granted when the product is: Novel, involves an inventive step and when it is capable of industrial application.
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Contracts regarding the transfer of know-how are to be registered at the patent office. The patented process has to be used in its entirety within Brazil. If it can be proven that it is not economically viable to produce in Brazil, importation rights may be granted. The protection time period for a regular patent is 20 years and Utility Model patents are granted for 15 years - both counted from the day they are filed.
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BMH.wL5I To obtain the rights to patents and trademarks in Brazil companies must register with the Brazilian Patent and Trade Office. It is important that the company makes a thorough clearance search of existing registered and non-registered trademarks since the Brazilian industrial property law does not allow trademarks that have any similarity to prior registered brands. The classification of the product is also an important factor in order to find out whether there is a conflict with an already registered trademark. The classification system used since January 2002 is the Eighth Edition of the International Classification of Goods and Services (Nice International Classification system).6]Pt;Rn4|{&G&X
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Brazil is a ?¡ãfirst-to-file?¡À country, which means that the person who first applies for the right to use a certain trademark name will be the one who is awarded the right to use it.
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Foreign companies can register domain names in Brazil either directly in their own names or indirectly through a Brazilian subsidiary, licensee or distributor. Regarding copyrights, Brazil is a signatory of the Bern and Rome Conventions. Brazil??s Copyright Law and Software Law are considered modern and guarantee protection for copyright and software irrespective of any registrations in Brazil or in any countries. None the less the laws are not completely up to date or clear in all areas. This is expected to improve with time and thereby create certain standards..D?)gP|
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