araripe@araripe.com.br | +55 (24) 2103-2200 

araripe@araripe.com.br | +55 (24) 2103-2200 

Araripe

ARARIPE is a law firm with an excellent reputation in defending Intellectual Property rights, both judicially and administratively. We offer a differential advantage to our clients which allows them to stand out in their market segment.

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Access the main articles and news written by ARARIPE’s lawyers and engineers, based on the demands and interests of our clients.

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The National Institute of Industrial Property (INPI) recently published Ordinances/INPI/PR No. 26/2023 and No. 27/2023, bringing important changes to the procedures for registering Industrial Property and franchising contracts.

The new rules, the result of deliberations held in December 2022, aim to simplify and streamline the processes for registering and recording contracts, boosting innovation and the protection of Industrial Property in the country.

In another post, we talked about the main changes discussed, such as “E-notarization” and “e-apostille” in cases of digital signatures without ICP-Brasil Certification, the presentation of bylaws in articles of association or articles of incorporation of Brazilian companies and the licensing of non-patented technology (“Know-how”).

Want to know more about how these changes apply to your business? Contact us and speak to one of our specialist lawyers.

#advogado #franquia #araripeadvogados #advogados

Direito Autoral

When producing content on the Internet, it is necessary to think about various legal factors so that third party rights are not infringed, especially with regard to Copyright.

It is imperative to identify, for example, in the image used, the origin of the publication, as well as the type of license of use, checking if there is permission for commercial use or for modifications, if applicable.

If any violation is found, it is possible to notify the alleged infringers to cease the improper use of the work, but any financial compensation must be negotiated between the parties or explored in a separate legal action, in which the alleged infringer is guaranteed the right to an adversarial proceeding and a full defense.

The unilateral imposition of a fine for improper use of copyrighted works in Brazil is therefore not accepted by the national judiciary, which recently ruled that it is impossible to collect the fine without an agreement or contract, since such unilateral collection is not regulated by the Brazilian Copyright Law.

The ruling, from the 2nd Special Civil Court of Cuiabá, of the Mato Grosso Court of Justice, also condemned the company representing the images’ author to pay compensation for moral damages for undue collection.

 

Case No: 1061742-57.2022.8.11.0001
Plaintiff: MARIA APARECIDA TEIXEIRA LYRA
Defendant: PICRIGHTS BRASIL – INTERMEDIAÇÃO DE NEGÓCIOS DE IMAGEM E DIREITO AUTORAL

 

 

 

Barbie, the most anticipated movie of the year and with the biggest pre-sale of all time from Warner in Brazil, premieres today, July 20. 

 

The trademark was launched by the toy company Mattel in 1959 and, since then, it has been an icon of the toy industry for decades. Its longevity in the market and its ability to stay relevant over time have contributed to its good reputation. 

 

With its first trademark application filed in Brazil as early as 1979, the Barbie trademark was considered, in 2015, as a famous trademark in the country. 

 

To recall, a famous trademark is a status granted by the Brazilian Patent and Trademark Office (BPTO) that guarantees special and expanded protection to the rights of a trademark due to its reputation, prestige and popularity, having a significant added value, which makes the brand protected  for all products and services.

 

Going through several transformations, following cultural and social changes, the trademark has already represented different professions, ethnicities and lifestyles, seeking to connect with an increasingly diverse audience.

 

In addition, the trademark owner, Mattel Inc., has invested in impactful marketing campaigns, using innovative strategies to promote it. The doll is often associated with events and collaborations, which expands its presence in the market and strengthens the emotional bond with its consumers, becoming a cultural icon and a highlighted figure in pop culture. Making appearances in movies, TV shows, magazines and in fashion events, Barbie has become a symbol of elegance and beauty for many people.

 

Also, in order to contribute to the sales success at the launch of the film, Mattel Inc. carried out several trademark licensing contracts with companies with high media reach in Brazil, launching limited collections of clothes at Zara and C&A, nail polishes with OPI, cappuccinos with Biscoitê, pink paints with Coral, and several others, reaching billionaire revenues even before the movie debut.

Petrópolis

Avenida Ipiranga, 668
25610-150 Centro
Petrópolis RJ Brasil
Tel. +55 (24) 2103-2200
Fax +55 (24) 2103-2201

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Rua da Assembléia, 10 Gr. 3710
20011-901 Centro
Rio de Janeiro RJ Brasil
Tel. +55 (21) 3923-5158

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Alameda Santos, 200 CJ.71
01418-000 Cerqueira César
São Paulo SP Brasil
Tel. +55 (11) 3263-0087

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