: : Brazilian laws and regulations on intellectual property protection

Since the 1970 s, Brazil's government have issued the "industrial property" (1971) (including trademark and patent), the copyright law (1998), the computer program of copyright protection act (1998), the biological safety "(1995)," the law "(1997) and other laws and regulations, protect and encourage knowledge innovation, promoting national economic growth.



In recent years, Brazil has constantly revised and improved the patent system to provide more effective legal protection for intellectual property rights. In 1996 Brazil introduced a new system of industrial property and amended the Industrial Property Law, which came into effect on May 15 of the following year. The Brazilian State Intellectual Property Office in the city of Rio DE Janeiro is responsible for the examination and approval of patent applications, registration of trademarks and examination and approval of imported technology. The bureau, part of Brazil's Ministry of Development, Industry and Foreign Trade, has a staff of about 600 and processes nearly 30,000 intellectual property applications a year. 2004, and has set up a in Brazil by the government, enterprises, social organizations of institutions - "crack down on piracy and stop the infringement of intellectual property rights" of the national committee, whose members from seven government departments and the federal police, federal highway transport and federal tax bureau, there are four representative of the relevant industries and two congressional delegation.



(1) Patents



The legal basis for patent protection in Brazil is article 5 of Chapter 29 of the Constitution and Industrial Property Law No. 9279/96. Any natural person or legal person may file a patent application or register an industrial design. The patent application is valid only within the territory of Brazil, and the State gives effective protection to the patent. An inventor may apply in Brazil for a patent for invention, a patent for utility model or a patent for design in respect of his or her invention-creation. It is allowed to apply for patents on the production methods of chemical products, medicine and food, and for genetically modified microorganisms. However, the following items shall not be granted patent rights: not conforming to the requirements of ethics and civility (the invention-creation violates the religious belief), disturbing the social public order (the invention-creation violates the law and public safety), damaging the public welfare (the invention-creation is not conducive to health); Substances obtained by means of nuclear transformation (only those devices, machinery, devices, extraction methods, etc. which do not alter the physical and chemical properties of the product or substance may be patented); All or part of an organism (with the exception of genetically modified organisms that meet three conditions: novelty, creativity and practicality, which cannot be a mere discovery). It is advisable, but not mandatory, to conduct individual or AD hoc investigations of prior registrations prior to filing a patent application. Applicants may conduct individual investigations at the headquarters of the State Industrial Property Office. The applicant shall have three days to carry out prior investigation, and any information discovered shall be briefly recorded in the patent application report. If the applicant is unable to carry out an individual investigation, he/she may opt to carry out a special investigation. The relevant personnel of the State Industrial Property Office shall carry out the investigation on their behalf and charge a certain fee according to the number of the respondents. More information can be found on the SiPO website under the heading "Technical Information Products and Services". The applicant must apply for a patent at the State Industrial Property Office. The patent assessor shall, after examining and analyzing the relevant patent application materials, grant the patent right or grant the registration. The patent right shall be valid throughout the country. The applicant should submit the following documents: application form, specification, claim, appended drawing and abstract, etc. The applicant shall submit three applications to the State Industrial Property Office and keep one for himself. Before submitting your application, you must fill out a special form and submit proof that the relevant fees have been paid through the designated bank. Forms can be collected at the front desk of the SIPO, at any branch or representative office, or downloaded from the SIPO website. The applicant may receive the acceptance certificate from the reception desk and submit a copy of the application for confirmation. The above matters can be inquired about by E-mail to patente@inpi.gov.br.



The National Industrial Property Office (INPI) has developed standardization rules to regulate the way patent applications are made. These rules can be downloaded from INPI's website. The applicant must pay attention to fill in the relevant documents and materials correctly when making the application form. The applicant must specify in the specification similar methods or prior existing applications (brazilians or foreigners) and must specify the details so that the technical experts in the department can realize the object of the patent. The instruction starts from the topic of the application and states in detail the selected materials, the use of the product and other information. If necessary, all references to the attached pictures should also be submitted. The applicant must state in the claim the object of the application. The claim may be written from the beginning of the title of the application, or it may be invented or created



"As part of the title, the main content includes the technical characteristics of the model. Phrases such as" having the following characteristics "can be used to describe the characteristics that are not found in previous patent applications. The abstract is between 50 and 200 words and mainly describes the object of the patent itself. Applicants with any questions can go to room 1017, headquarters of the National Industrial Property Office, No. 7, Pulisima, Rio DE Janeiro or send an email to patente@inpi.gov.br to contact the Patent Review Board for technical guidance.



The early disclosure (18 months from the filing date or priority date) and the delayed review (24 months after the disclosure upon request by the applicant) are used in the examination and approval of patent applications. Application for substantive examination must be filed within 3 years from the date of application. To provide special protection for certain patents that are not yet on the market that could be protected under the new patent law. The term of patent protection shall be 20 years from the date of application or 10 years from the date of authorization, while the term of protection for utility model patents shall be 15 years from the date of application or 5 years from the date of authorization. If the patentee does not exploit the patent in Brazil within three years from the date of approval, or if the exploitation is terminated for more than one year, or if the exploitation fails to meet the needs of the market, a compulsory license may be taken. If the patent is not applied for 4 years after the approval, or if the license contract is not applied for 5 years, or if the patent is suspended for more than 2 years, the patent right may be declared invalid. If a foreigner obtains a patent in Brazil and the technology has been applied in a foreign country, Brazil has the right to import the patented product without the patentee's consent.



(2) Trade secrets



Brazilian trade secrets are mainly protected by article 195 of the Industrial Property Act. In addition, commercial secrets are protected in the criminal part of the Brazilian Law on Unfair Competition and in international treaties such as the Paris Convention and the Agreement on the Protection of Investment-related Intellectual Property rights.



It is considered a crime to disclose, develop or use secrets, information or useful data in the industrial, commercial or service fields without authorization, directly or indirectly, by illegal or fraudulent means, through the acquisition of a contract or employment relationship (even after the contract is terminated). Except for information or data already known to the public and knowledge familiar to persons with general technical skills.



(3) Trademarks



The protection of trademarks is provided for in Chapter 5 of the Brazilian Constitution and in the Industrial Property Law No. 9279/96. International treaties such as the Paris Convention and the Agreement on the Protection of Investment-related Intellectual Property Rights signed by Brazil are also the legal basis for the protection of trademark rights.



"Industrial property law" the 9279th / 96 part, "visually perceived with distinguishability of which is prohibited by the laws, and not for logo, used to distinguish goods or services, others, including the shape of the products and packaging" can be registered, but the trademark is only the name of the color or colors cannot be registered, unless their use or combination with distinguishability. The scope of protection of the trademark right includes: it is forbidden to imitate or copy the identifiable factors in the third party's trademark, or to be associated or confused with the names owned by others; Unauthorized use of another's name or likeness; Confusion or similarity with a word or title in a copyrighted literary, artistic or scientific work; Similar to industrial design rights.



The trademark owner shall register the trademark with the National Industrial Property Association. Before registration, it is necessary to carry out a prior investigation of the trademark in order to understand whether there is a registered trademark in the same business scope. But the procedure is not mandatory. The appropriate application documents may be used in applying for a registered trademark, on which the trademark and the relevant information of the applicant shall be recorded. The applicant may go to the headquarters, branch offices or representative offices of the State Industrial Property Office to carry out prior investigation of the trademark registration. An applicant for a registered trademark in Brazil may be a Brazilian citizen or a foreigner. When applying for the registration of a trademark in Brazil, the registrant must produce the documents required by the laws of the country to prove the legal status of the registrant, and at the same time produce the documents certifying the business scope of the registrant. The term of protection of a registered trademark shall be within 10 years from the date on which the registered trademark is granted, and may be renewed upon expiration. If the trademark is not used for 5 consecutive years after registration, the trademark right will be lost. The owner of a registered trademark enjoys the exclusive right to use it throughout the country. Trademark registrant or



The applicant has the right to assign its registration or registration application, and the right to authorize others to use or maintain the integrity or reputation of its trademark. Well-known trademarks are also protected. The trademark right may be used in the categories for which the proprietor applies for approval, or in similar or controllable related goods or services. Users of unregistered trademarks who have used the trademarks in good faith for more than 6 months prior to the filing date have priority in obtaining the trademarks.



(4) Copyright



Decree No. 9.610 (19 February 1998) is the Copyright Law, with eight chapters: Chapter I, Initial provisions; Chapter two, intellectual works; Chapter III, Copyright; Chapter four, the use of intellectual works and sound recordings; Chapter Five, adjacency rights; Chapter 6, Association of Copyright and Neighboring Rights Holders; Chapter VII punishments for copyright violations; Chapter VIII. Final tentative Terms.



This Law is intended to regulate and protect copyright, including all rights enjoyed by authors and other rights related thereto. The copyright of a foreign citizen is protected by Brazilian law, provided that the country has a reciprocal agreement, convention or treaty with Brazil. This Act applies to Citizens of Brazil or citizens of countries that grant Brazilian citizens or residents reciprocal conditions in respect of the protection of copyright and neighbouring rights.



According to the provisions of this Law, the definitions related to copyright are as follows:



1. Publication: to make available to the public in any form literary, artistic or scientific, with the consent of the author or other copyright holder;



2. Transmission or dispersal: transmission of sound or image by means of broadcast radio waves, satellite signals, cables or other conductors, optical media or other electromagnetic media;



3. Retransmission: simultaneous retransmission by one unit of the transmission content of another unit;



4. Distribution: distribution to the public of copies or originals, translations or sound recordings of literary, artistic or scientific works by sale, lease or other property or transfer of title;



5. Information exchange: to make the work known to the public by means other than the above distribution;



6. Reproduction: reproduction of literary, artistic or scientific works and their sound recordings using physical media, including permanent or temporary electronic storage media or other carriers;



7. Forgery: an unauthorized reproduction;



8. Works: Cooperative works: jointly created by two or more collaborators; Anonymity: the author's name is not indicated on the work at the author's discretion, or the author is unknown; Pseudonym: the author hides his real name and USES a pseudonym; Unpublished work: An unpublished work; A work published posthumously: a work published posthumously; Original work: a work originally created; Derivative works: new works based on original works; Collective work: a work presided over and held responsible by a legal person or entity without legal personality shall be published in the name of a legal person or entity without legal personality and shall be jointly created by several authors; Audiovisual work: A work consisting of video with or without sound, intended to be independent of a broadcast medium, an initial or subsequent supporting medium, or a transmission medium.



9. Sound recordings: any sound recordings of performances or other sounds, and any other form of sound recordings other than audiovisual works;



10. Editor: any natural or legal person having the exclusive right to reproduce and publish a work within the scope of the contract for publication;



11. Producer: a natural person or legal person who, through any medium or carrier, organizes and assumes economic responsibility for the production of sound recordings or audiovisual works;



12. Broadcasting: The broadcasting unit transmits sound and combination of sound and image to the public by means of coded signals through wireless transmission (including satellite transmission) equipment. The public can listen after decoding. The decoding mode is provided by the broadcasting unit;



13. Artist: all actors, singers, musicians, ballerinas, or others who perform, sing, recite, read, or translate literary, artistic, or folk works. A legally protected intellectual work is a spiritual work, in any form or on any tangible or intangible carrier, that is known or may be invented in the future. It includes: articles extracted from literary, artistic or scientific works; Meetings, lectures, sermons and other similar forms; Plays and musicals; Dance and stage plays, the performance of which is fixed on a written or other form of carrier; A piece of music with or without lyrics; Audio-visual works with or without sound, including cinematography;



Photographic works and works produced in other similar forms; Drawing, painting, printing, sculpture, lithography and movement of artistic works; Illustrations, maps and other similar works; Design drawings, sketches, plastic works related to geography, engineering, topography, architecture, landscape, etc. A new intellectual creation formed by modifying, translating, or otherwise morphing an original work; Software; Anthologies, compilations, anthologies, encyclopedias, dictionaries, databases, and other works formed by selection, organization, or adjustment of content constitute new intellectual works.



The following are not protected by copyright law: ideas, standardized procedures, systems, methods, schemes or mathematical concepts; The plan or rules, games, or business of intellectual activity; Blank forms and instructions for filling in scientific or non-scientific information; The text of treaties, conventions, laws, decrees, regulations, judgments and other official ACTS; Information widely used by the public, such as calendars, diaries, reference documents or subheadings; Names and titles; The industrial or commercial use of the ideas contained in the work.



The following shall not constitute an infringement of copyright:



1. Reproduction: a news story or article in a newspaper or periodical, mentioning the name of the author and the source of the work; a reproduction. A speech delivered at a public meeting, as published in a newspaper or journal; Photographs or other forms of graphic representation to which he or his successors have expressed no objection; Works of culture, art, or science reproduced through the braille system or otherwise for the use of blind persons only and not for commercial gain.



2. The reproduction of a section of a work in a single copy for the private use of the replicator, not for commercial gain.



3. A reference to a section of a work in a book, newspaper, magazine or other information medium, in proper form, for the purpose of research, criticism or debate, and indicating the name of the author and the source of the work.



4. Reproduction of a published work, in whole or in part, for classroom instruction in a school, without express authorization, without publication or distribution.



5. Commercial organizations display literary, artistic or scientific works, sound recordings, radio and television works to their customers through equipment to be sold.



6. In a family recreation facility or educational institution