Keywords: Executive Order 482, suspension,
intellectual property rights, Brazil, WTO, Brazil cotton, trade
On February 10, 2010, the President of Brazil, Luiz
Inácio Lula da Silva, issued Executive Order 482, which
provides for "measures to suspend concessions or other
obligations of the country related to intellectual property rights
and others, in cases of noncompliance with multilateral obligations
by a Member of the World Trade Organization –
The Executive Order concerns a dispute that began in 2002
between Brazil and the United States before the WTO over subsidies
the US Government grants to its cotton industry. (See previous
"Brazil Cotton – Important WTO Decision
Makes Trade Retaliation Operational", September 2009.) The
WTO ruled in favor of Brazil and allowed it to impose measures to
compensate for the economic damages caused by the subsidies.
The sanctions established by the Executive Order include
limitation and suspension of intellectual property rights;
alteration of measures to protect, apply for and maintain them; a
temporary block of royalties remittance; and taxation. Next month,
the government will define how the compensation measures will
Executive Order 482 comes into force as of the date it was
published, February 11, 2010.
Founded in 2001, Tauil & Chequer Advogados is a full
service law firm with approximately 90 lawyers and offices in Rio
de Janeiro, São Paulo and Vitória. T&C represents
local and international businesses on their domestic and
cross-border activities and offers clients the full range of legal
services including: corporate and M&A; debt and equity capital
markets; banking and finance; employment and benefits;
environmental; intellectual property; litigation and dispute
resolution; restructuring, bankruptcy and insolvency; tax; and real
estate. The firm has a particularly strong and longstanding
presence in the energy, oil and gas and infrastructure industries
as well as with pension and investment funds. In December 2009,
T&C entered into an agreement to operate in association with
Mayer Brown LLP and become "Tauil & Chequer Advogados in
association with Mayer Brown LLP."
This article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
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Having spent years litigating IP matters, I have shared the frustration of clients who have been forced to intervene in administrative litigation because they are being frivolously accused of having committed an administrative infringement; their trademarks have been misappropriated; or their IP rights are being attacked in an ungrounded manner, through counterclaims that are filed in response to infringement actions previously filed by the owner of the IP right.
The last March 19, 2010 came into force the AGREEMENT by means of which the preceding agreement that establishes the guidelines for filing applications before the Mexican Institute of Industrial Property (MIIP), issued by the General Director of the MIIP and published in the Official Journal of the Federation on March 18, 2010, was modified.
Advocacia Pietro Ariboni Ariboni, Fabbri, Schmidt & Advogados Associados
The current Industrial Property Law, No. 9279/96, has been in
force in Brazil for over a decade. Generally speaking, the Law is
modern and in line with the principles of international treaties
such as TRIPS and the Paris Convention.
In recent days Mexico signed the Anti-Counterfeiting Trade Agreement (ACTA) in order to combat the counterfeiting and piracy of trade marks, inventions, intellectual and artistic works. Australia, Canada, Japan, Korea, Morocco, New Zealand, Singapore and the United States have all signed the agreement.
On December 13, 2011, in the case "Aventis Pharma S.A. v. Sandoz S.A. et al on patent infringement. Damages", Division 1 of the National Court of Appeals on Federal Civil and Commercial Matters examined the requirement of appraising the amount claimed when filing a complaint for patent infringement.
In 2008, the Federal Court for Tax and Administrative Affairs (FCTAA) created a Specialized IP Court to decide all the cases related to IP rights, which started work in January 2009.
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