Frequently
Asked Questions

Intellectual property is, in general terms, the branch of law that protects artistic, literary, and scientific works, as well as creations for business use, such as trademarks, patents, and industrial designs.

According to Brazilian legislation, a trademark is any visually perceptible distinctive sign that is not included in legal prohibitions and that is intended to identify, distinguish, and certify products and services from other products and services of diverse origin in the same field of activity.

Sounds, tastes, and smells, as well as anything consisting of expressions in common, vulgar, or necessary use when related to the product or service being distinguished. In addition to these, the following cannot be registered as trademarks: coats of arms, weapons, medals, flags, emblems, badges, and official, public, national, foreign, or international monuments, as well as their respective names, figures, or imitations, as well as coins. Also not registrable as trademarks are signs contrary to morality and good customs, as well as imitation or reproduction of already registered trademarks.

A trademark is considered deceptive when it indicates certain qualities or a certain origin of products or services that are not true, deceiving the consumer.

Product, service, certification, and collective. The product or service trademark is used to distinguish a product or service from another identical, similar, or related product or service of different origin. The certification trademark is used to certify the conformity of a product or service with certain standards or technical specifications. A collective mark is used to identify products or services provided by members of a certain entity.

Nominative; figurative (logo); mixed (name plus logo); and three-dimensional.

To ensure exclusive use to its holder throughout the national territory, inhibiting third parties, even in good faith, from using identical or similar trademarks to distinguish products or services in the same field of activity. Current industrial property legislation allows the trademark holder to take legal action both in civil and criminal spheres to ensure its exclusive use, as well as its material integrity or reputation, thus repressing unfair competition. Trademarks create a relationship of trust with the consumer, linking the company's image to the quality of its products or services.

According to article 128 of the LPI, any individual or legal entity can apply for a trademark for activities that they carry out lawfully and effectively, directly or indirectly. For example, a company that operates in the industry and commerce of clothing cannot apply for a trademark to mark food products.

The prior search is the most important phase of trademark registration. Based on its result, the entrepreneur can safely decide whether or not to invest in the intended trademark.

First and foremost, it is essential to conduct a thorough prior search to assess the viability of registering the intended trademark. Afterwards, formal aspects are verified, especially whether the applicant has legitimacy to apply for trademark registration for the activities requested. Finally, the process begins before the National Institute of Industrial Property, through the filing of the respective trademark registration application.

The National Institute of Industrial Property – INPI is the federal agency responsible for receiving and processing trademark, industrial design, and patent registration applications.

Currently, INPI has been taking an average of 36 months from the date of application filing to the granting of registration. If the trademark is challenged by third parties, the registration process may take up to 50 months.

The trademark registration is valid for 10 years from the date of its grant and can be renewed for equal and successive periods, with the renewal application needing to be filed during the last year of the registration's validity, with proof of payment of the respective fee.

In this case, if someone interested files a request for cancellation with INPI, the registration of your trademark may be extinguished.

It is a privilege granted by the State to the inventor, allowing them to exclusively exploit the object of their invention for a certain period of time. Thus, we can say that it is a kind of award given to those who have made intellectual effort for the development of processes or products that present innovation or technological advancement.

Firstly, the Patent grants its holder exclusive use of the patent object for a certain period of time. This exclusivity allows the recovery of all investment made from research to patent completion.

The Industrial Property Law provides for two types: the Invention Patent and the Utility Model. An invention patent can protect any process or product that meets the requirements of novelty, inventive step, and industrial application. The invention must be new, i.e., it cannot be included, at the time of filing, in the prior art, which consists of everything made available to the public in Brazil or abroad. To be patented, the invention must demonstrate an inventive step, that is, it cannot be obvious to a person skilled in the art. Finally, the invention patent must meet the industrial application requirement, meaning the invention must be capable of being used or produced in any kind of industry. Regarding the Utility Model, it refers to a functional improvement in the use or manufacture of an object or part thereof, provided that this enhancement is new and not commonplace or trivial from the state of the art.

The Industrial Property Law expressly prohibits the patentability of discoveries, scientific theories, mathematical methods; purely abstract concepts; schemes, plans, principles, or methods for carrying out mental acts, games, or business; blank forms; texts of treaties or conventions, laws, decrees, regulations, judicial decisions, and other official acts; common use information such as calendars, agendas, registers, or captions; isolated names and titles, and the industrial or commercial exploitation of ideas contained in works.

First, it is advisable to conduct a worldwide patent search to determine if the patent object is included in the prior art. After that, the application is filed, which must be accompanied by a descriptive report of the prior art, patent claims, and summary, as well as drawings, if applicable, and the respective payment form for the due fee. Once the application is filed, it will remain confidential for 18 months, unless the applicant requests its early publication. INPI will proceed, upon request by the applicant or any interested party, with the technical examination of the patent, verifying if the patentability requirements are met. After the examination is completed, INPI will grant or deny the application. If granted, the applicant will be notified to pay the fee for the issuance of the Patent Letter.

Yes. The Industrial Property Law stipulates that the patent holder must necessarily request examination of the patent application within 36 months from the filing date, under penalty of application abandonment.

Currently, INPI has been taking approximately 7 years to grant a patent.

Under the Law, the invention patent is valid for 20 years, and the utility model for 15 years, both counted from the filing date.

An industrial design or design is, according to the Industrial Property Law, the ornamental plastic form of an object or the ornamental set of lines and colors that can be applied to a product, providing a new and original visual result of its external configuration.

The industrial design must be new and original. It is new when different from everything already made available to the public before its filing date, both in Brazil and abroad. It is original when it presents distinctiveness from other existing designs.

What goes against morality and good customs cannot be registered as an industrial design; or what offends the honor or image of people; or that violates freedom of conscience, belief, religious worship, or ideas and feelings worthy of respect and veneration. Also not registrable is the common or vulgar form of the object or that determined essentially by technical or functional considerations.

Once the industrial design registration application is filed, if it is formally adequate, it is automatically published and simultaneously granted. That is, INPI does not examine the novelty and originality aspects.

It is always advisable to request a merit opinion regarding the novelty and originality of an industrial design, because if it is copied by an unauthorized third party, this opinion is essential for obtaining preliminary injunctions in the respective legal actions.

The industrial design is valid for 10 years and can be extended for 3 periods of 5 years each, totaling 25 years of protection.

Copyright is the branch of law that governs rights related to artistic, literary, and scientific works, also encompassing related rights of the author, notably the rights of performers, performers, producers of phonograms, and broadcasting companies.

Copyrights are subdivided into moral and patrimonial rights. The moral rights of the author – inalienable and non-waivable – include: claiming authorship of the work at any time; having their name, pseudonym, or conventional sign indicated or announced in the exploitation of the work; keeping the work unpublished; ensuring the integrity of the work, preventing changes or modifications that may harm the work or affect the author, as well as their reputation or honor; modifying the work, before or after using it; withdrawing the work from circulation or suspending any form of authorized use, when circulation or use constitutes an affront to their reputation or image; having access to a unique and rare copy of the work when it is legitimately in someone else's possession, to ensure its preservation. Patrimonial rights, on the other hand, consist of the author's right to use, enjoy, and dispose of the work, with the author being entitled to economic benefits from the exploitation of the work.

According to article 7 of Law No. 9.610/98 (“Copyright Law”), protected are creations of the mind, expressed by any means or fixed on any tangible or intangible support, such as: texts of literary, artistic, or scientific works; lectures, speeches, sermons; dramatic and musical dramatico-musical compositions; choreographic works and pantomimes; audiovisual works; photographic works and those produced by a similar process; drawings, paintings, engravings; sculptures and works of applied art; illustrations, maps, plans, sketches, and plastic works related to geography, engineering, topography, architecture, science, or any other field of knowledge; adapted translations; adaptations, arrangements, or other transformations of literary or artistic works, presented as original works; collections or compilations, anthologies, encyclopedias, dictionaries, databases, and other works that, by selection, organization, or arrangement of their content, constitute intellectual creations.

According to article 8 of Law No. 9.610/98, are not protected by copyright: mere data or lists; ideas, processes, systems, methods, concepts, principles, discoveries, or simple news; works that consist only of common use elements or that are dictated by technical or functional considerations; official texts of legislative, administrative, judicial, or official acts, as well as their respective translations.

No. Copyright protection is guaranteed to the author as soon as the work is created, without the need for any formality, registration, or indication of use. However, registration is recommended, as it provides evidence of ownership and facilitates the defense of the author's rights in the event of a dispute.