Understanding Well-Known Trademarks in Brazil
Do you know what well-known marks are? A well-known trademark is one that has achieved significant prestige, fame, and notoriety throughout the entire national territory.
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.
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.
Registering your trademark ensures exclusive use within your sector, preventing unauthorised third parties from using it without permission. Additionally, trademark registration strengthens your business identity, adds value to your company, and allows you to take legal action against unauthorised use or infringement by bad-faith third parties.
Filing a patent protects your invention from unauthorised exploitation by third parties, granting you exclusive rights to use and commercialise it for 20 years before it enters the public domain. This provides competitive advantages, attracts investments, and adds value to your business.
Yes. Compliance with the Brazilian General Data Protection Law (Law No. 13,709/2018 – LGPD) applies to businesses of all sizes, including micro-enterprises, small businesses (EPPs), startups, and non-profit legal entities. In addition to avoiding sanctions and enforcement measures from the National Data Protection Authority (ANPD), ensuring compliance with the LGPD allows your company to process personal data securely and transparently for data subjects. It also strengthens customer and partner trust in your business.
Do you know what well-known marks are? A well-known trademark is one that has achieved significant prestige, fame, and notoriety throughout the entire national territory.
The Brazilian Patent and Trademark Office (PTO) obtained an injunction that obliges the company Dona Registro (“Company”) to immediately cease the provision and dissemination of
Background On June 26, 2024, Meta updated its Privacy Policy to allow the company to process personal data posted on its platforms, such as Facebook,
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