Prior dating intellectual property

07-Aug-2016 07:02

Patents are considered on a first-to-file, first-in-right basis. trademark and patent lawyers maintain international networks of agents and attorneys in other countries). A good partner is an important ally in protecting IP rights.

Similarly, trademark registration is determined on a first-to-file (unlike the U. It is the responsibility of the right holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors. Permitting your partner to register your IP rights on your behalf is generally inadvisable.

Second, IP is protected differently in Brazil than in the United States. trademark registrations and patents will not protect you in Brazil.

Third, rights must be secured and enforced in Brazil under local laws. Similarly, there is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the entire world.

Recording at INPI will facilitate the remittance of royalties to foreign countries, when applicable, and tax deductions for amounts paid as royalties by a local company. Finally, Brazil protects genetic resources under Act No. Under the Act, a Genetic Heritage Management Council (CGen) is responsible with overseeing access to genetic heritage and associated traditional knowledge.

Registration also sets constructive public notice of the agreement. Foreign individuals are not permitted to access the Brazilian Genetic Patrimony and Traditional Knowledge database.

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Such contracts are understood to include: licensing of rights (e.g., exploitation of patents and industrial designs, and the use of trademarks); acquisition of technological knowledge (e.g., supply of technology and provision of technical and scientific assistance); and franchising contracts. 9456 of April 25, 2007 Plant Variety Protection is acquired by means of its registration before the National Service of Plant Variety Protection (“Serviço Nacional de Proteção de Cultivares” - SNPC).

For more information see Articles 61, 62, 68, 121, 139, 140 and 211 of the IP Law, the Central Bank Circular Letter No. However, foreign businesses with headquarters located outside of Brazil are able to access such patrimony if the activity is conducted in association with a Brazilian Research or Scientific Institution, regardless whether the institution is public or private.

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