HISTORY

OF THE FIRM

April 2013 - Lext Propriedade Intelectual founded in Niteroi by Kris Williamson.

May 2014 – Lext became a LTD company.

July 2015 -- Lext Intellectual Property LLC opens in Delaware, USA.

December 2015 – Lext moves to its current offices located in Icarai, Niteroi – RJ.

January 2020 – Lext receives formal Certification under ISO:9001

May 2023 – Kelvin Williamson joins the firm as a partner.

June 2023 – Lext expands its operations to privacy and data protection.

Valuable ideas require attention and care

LEXT

THE COMPANY

LEXT operates in the entire area of Intellectual Property, as well as in privacy and data protection, assisting companies in all legal aspects to protect the inventor, brand creator and data controllers and processors.

WHO ARE WE?

MISSION, VISION AND VALUES

Your company needs secure solutions

INTELLECTUAL

PROPERTY

We operate in the whole Intellectual Property area, guiding our clients in the best way to protect their assets, be they trademarks, patents, industrial designs, software or copyright. We also provide Licensing services for the exploitation of patents or utility models as well as for the use of trademarks and industrial designs.

PRIVACY AND

DATA PROTECTION

We provide privacy and data protection services to help our clients comply with the Brazilian General Data Protection Law (LGPD) and other technology-related regulations. Our solutions are tailored to each client's specific needs. We implement data protection governance and compliance programs, which include the development of privacy policies and procedures, recording of personal data processing activities (RoPA), conducting training sessions, drafting and reviewing contracts, consultancy, and providing legal support.

OUR

TEAM

Kris Williamson

Graduate in Law from the University of London and Sociology from the University of Leicester, England. He is a member of the Bar of England and Wales, and a member of the Bar Association in Brazil, Diploma in Postgraduate Law in Intellectual Property from the Getúlio Vargas Foundation in Rio de Janeiro.

Kelvin Williamson

Graduate in Law from IBMEC, Rio De Janeiro, Brazil, with a period of study at the University of Wisconsin-River Falls in the United States. Member of the Brazilian Bar Association (OAB). Member of the International Trademark Association (INTA). Kelvin specializes in Law and Technology, focusing on privacy and data protection, as well as Intellectual Property matters.

Monique Vanessa Rodrigues dos Santos

Accountant, holds a degree in Accounting Sciences and a postgraduate degree in Finance and Corporate Management from Universidade Cândido Mendes – Rio de Janeiro.

We provide orientation for the future

SEND US

A MESSAGE

Address: Rua Otávio Carneiro, 100 Cobertura, 1106, Icaraí, Niterói/RJ – 24230-191, Brasil | Phone: +55 (21) 99109-0533 |
+55 (21) 99109-9588 |
info@lext.com.br |

What is it?

A trademark can be any sign that identifies you as the owner of your goods or services to make it clear they belong to you. It is the badge by which customers find your products or services in the marketplace. The owner of a trademark has exclusive use of that sign. Once in use, your trading reputation and goodwill will be attached to your business – making your trademarks some of your most valuable assets. It is a symbol of trust.

 

What can be a trademark?

Many things can be registered as a trademark - names and logos are the most common. A trademark can be anything that allows consumers to distinguish your goods or services from those of another. It can a word, series of words, design, word and design, or a three-dimensional shape However, a trademark must be unique, so it cannot be confused for an already registered trademark. It also cannot be descriptive. Registering your company name or owning a domain name give you no legal rights to stop someone else from using your trademark or logo. If you start using a logo or trademark without registering it and without checking that it is free to use, you risk later finding out about a company with a similar trademark, or even receiving a Notification to stop using your trademark because it infringes one already registered. As your reputation grows and you become established, the more likely it is that people will start to copy you. Having the protection of a registered trademark means you can take action to stop this.

 

We can guide you through the registration process - consult us.

We assist with the filing of a trademarks, classifying the goods or services it covers, and if a logo is involved the classification of the shape.

We provide the necessary supporting documents, such as articles of incorporation.

Follow up verifying weekly publications in the official Gazette to determine progress until registration and the issuance of a certificate.

What is it?

A patent is an intellectual property right to protect inventions, granted by a country’s government as a territorial right for a limited period. Patent rights make it illegal for anyone except the owner or someone with the owner’s permission to make, use, import or sell the invention in the country where the patent was granted. A Brazilian patent has a life of 20 years and provides protection throughout Brazil so long as renewal fees are paid every year. For a patent to be granted the invention must be: • Novel • Inventive step • Have industrial applicability Is your idea a secret? By far the most common mistake made by people new to the world of patents is to reveal their invention too early. If you disclose your invention in any way – by word of mouth, demonstration, advertisement, article in a journal or any other way – before you apply for a patent, you are making your invention public. This could mean that you lose the possibility of being granted a patent. For a patent to be granted the invention must be novel, once a public disclosure is made the invention can no longer be novel. Beware who you talk to…. If you feel the need to talk to someone before considering protection, such as a potential business partner, you should ask them to sign a confidentiality agreement (Non-Disclosure Agreement – NDA) before you talk to them. Who can own a patent? The owner can be the inventor, the inventor’s employer or someone else who has got the patent rights. If you made your invention, even if it was in your own time, while employed, you need to check your employment contract as your employer may have some rights to your invention.

Why protect your patent?

By patenting your invention you guarantee exclusive use and as well as generating revenue, either by selling it to third parties or licensing the technology so it can be exploited by other companies.
 

We can guide you through the registration process - consult us.

We operate at all stages of the protection process of patents.

From the conception of an invention within a firm up to the protection of the patent in Brazil and the rest of the world if that is the case.

We also ensure, that at the stage before the development of the project, verification is undertaken nationally and internationally to determine the existence of other similar inventions which could create future problems.

What is it?

Industrial Designs are the intellectual creation linked to the appearance of objects, such as a set of lines and colours, which provide a new and original look to an already known product that can be industrially manufactured. The owner of a registered industrial design has the right to prevent third parties from making, selling or importing articles bearing or embodying a design which is a copy, or substantially a copy, of the protected design.


Why protect Industrial Designs?

 It is important to obtain an Industrial Design registration so that your company is the only one authorized to sell or manufacture a product with that design and to guarantee exclusivity of use in the marketplace. Like trademarks and patents, industrial design may be licensed to others.


We can guide you through the registration process - consult us.

We offer guidance in the protection of Industrial Designs, not only in Brazil, but abroad, as well as assistance in the registration process before the PTO from filing up until grant of registration. Industrial Designs more often than not, are Intellectual Property assets which are not fully protected within a company, although in many cases they are an equitable solution for the protection of items that are difficult to quantify.

What is it?

Software is the set of instructions in code or natural language that tell a computer what to do and comprises the entire set of programs, procedures, and routines associated with the operation of a computer system.

Brazilian Law

Under Brazilian law a computer program is considered a literary work and protected by the Brazilian Copyright Law, No. 9.610/98 because it is considered to be an intellectual creation made by an author or co-authors. Article 18 of this law provides that the rights protected under the Copyright Law (including computer programs) are protected, regardless of their registration. In addition to the protection granted by Copyright, software in Brazil is also considered to be Intellectual Property and protected by the Industrial Property Law, No. 9.279/96.

We can guide you through the registration process - consult us.

Registration of software before the PTO assures its holder exclusivity over production, use and commercialization. It may be made either in the name of an individual or a legal entity or both. In addition, registration of software is essential for proving authorship and has become a requirement for participating in government tender processes. The validity of the registration is 50 years, counted from January 1st of the year subsequent to its publication.

What is it?

Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form such as books, texts, poetry, music, photographs, drawings, paintings, cinematographic works, among others.

 

Currently in Brazil, Copyright is regulated by the Copyright Law (Law 9.610 / 98). Article 7 describes what can be protected and Article 8 what is excluded.

The creator of the intellectual work (the physical person) receives what are termed moral and patrimonial benefits resulting from the exploitation of his creation. It is important to remember that Copyright Law extends to Related Rights, which are auxiliary to the creation, such as interpreters, accompanying musicians, phonographic producers, broadcasting companies, etc.

Copyright is divided, for legal purposes, into Moral and Patrimonial Rights. Moral Rights guarantee the Authorship to the creation to the author of the intellectual work, whereas Patrimonial Rights refer mainly to the economic utilization of intellectual work. Unlike Moral Rights, which are non-transferable and cannot be renounced, Patrimonial Rights can be transferred or assigned to other people, to whom the author grants the right to represent or even use his creations. If the intellectual work is used without prior authorization, the person responsible for the unauthorized use will be violating copyright rules, and this act may generate a judicial process, both in the civil and criminal spheres.

 

We can guide you through the registration process - consult us.

Depending on the material copyrighted works are registered before the Escritório de Direitos Autorais da Fundação Biblioteca Nacional (EDA); Escola das Belas artes; na Escola de Música da Universidade Federal do Rio de Janeiro, The protection is valid as long as the author is alive and for 70 years after his death, after that the work falls into the public domain.

A licence is an official document which gives someone permission to do, use, or own something. In the area of Intellectual Property, the owners of Trademarks, Patents, Software, Industrial Designs and Copyright can License the use or exploration of this intangible property to others.
Licensing is generally understood as an agreement under which the owner of an intellectual property right grants authorisation to its use without an effective transfer of ownership. Licences are granted for a determined period of time and within a determined territory, on a remunerated or free-of-charge basis. Normative Act 135/97 outlines the PTO’s role in the recordal of Licensing

Contracts:

The PTO will record Contracts which imply in transfer of technology or:

Licensing of Rights ( Exploration of Patents or Licensing Use of Trademarks)

Acquisition of Technological Knowledge (Provision of Technology and rending services of Technical and Scientific Assistance)

Franching Contracts

The PTO does not record Licenses for the use of Software; Software Maintenance Services; Software Distribution; Copyright Licenses; Marketing Services; Environmental Licenses and Trade Secrets among many other types of Licence.

The main reasons that the PTO is involved in the recordal of certain Licenses is because:

It enables the remittance of royalties abroad;

To produce effects in relation to third parties (such as infringers of the IP);

For a licensee paying royalties abroad to a foreign company to claim tax deductions related to the royalty payments;

It is ‘prima facie’ evidence of complying with the rules governing unfair competition;

If provided for within the agreement the licensee may be vested with rights to take action against infringers of the IP right;

Securing tax incentives for companies participating in Technological and Industrial Development Programs;

Securing temporary work visas for foreign workers

Our firm is fully qualified to act in the recordal of trademark and patent licenses, transferring technology and franchises, not just in the drafting of the actual licensing contract, but also in the necessary steps to record a license before the PTO.

In the area of litigation, we work in partnership with general practice law firms specialized in Civil Procedure. In this area, our focus is the technical guidance, writing and editing of the content of judicial actions, since we have the expert technical knowledge, and more than that, we know our client’s needs.

Consulting

Analysis and Audit of Portfolio and Contracts

Analysis and Drafting of Commercial Contracts

Due Diligence of Intellectual Property Patent Drafting

Patents – Freedom to Operate Reports

Lectures

Consulting:

 

Analysis and Audit of Portfolio and Contracts

Analysis and Drafting of Commercial Contracts

Due Diligence of Intellectual Property Patent Drafting

Patents copy

Patents – Freedom to Operate Reports

Lectures

Governance and Compliance Program

  • Implementation of privacy and data protection programs, in compliance with the Brazilian General Data Protection Law (LGPD) and applicable sectoral regulations.

  • Our program includes mapping and recording personal data processing activities, preparing a compliance plan of action, applying good practices and privacy by design in the preparation and execution of products and services, and preparation of documentation to ensure compliance with the LGPD.

  • Mapping and recording the flow of personal data (RoPa), which includes the legal basis, a risk assessment, recommendations, and a plan of action to be adopted.

  • Drafting and reviewing contracts in light of privacy and data protection regulations.

  • Preparation of privacy policies and terms of use for digital platforms, such as websites and software applications.

  • Preparation of Legitimate Interest Assessments (LIA) and Personal Data Protection Impact Reports.

  • Elaboration of privacy and data protection contracts (data processing agreements).

  • Conducting training for employees in the desired format, such as webinars, quizzes, presentations, among others, with the aim of promoting a culture of privacy and data protection within the organization. Implementation of Privacy by Design Measures. Support in requests made by data subjects.

Who is the Data Protection Officer (DPO)?

The Data Protection Officer (DPO) is the individual appointed by your company to serve as the communication channel between the data controller, data subjects, and the National Data Protection Authority (ANPD).

How can we help you?

DPO as Service: We offer DPO as a Service: You can outsource the role of your company’s DPO to us.

Legal Support for your DPOIf you have already appointed a DPO, we can provide legal support to ensure their actions comply with privacy and data protection regulations.

What are the activities of the DPO?

  • Establishing a communication channel between the ANPD, data subjects, and the company.

  • Receiving communications from the ANPD and taking necessary measures to respond to them.

  • Guiding company employees and contractors on privacy and data protection practices.

  • Monitoring complementary regulations related to privacy and data protection.

  • Providing legal support to the company in the event of incidents involving privacy and data protection.

Contact us to request a quote for appointing a DPO for your company.

  • Development of an incident management and response plan policy.

  • Analysis of the necessity to communicate with the National Data Protection Authority (ANPD).

  • Assessment of the requirement to send communications to data subjects.

  • Assistance in implementing an incident management and response plan within your company.

  • Support in conducting awareness campaigns on privacy, data protection, and information security.

  • Sending preliminary, complementary, and comprehensive notifications to the ANPD, in accordance with the formats specified by the authority.