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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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.
The Brazilian National Industrial Property Institute (INPI), by means of Resolution No. 107 of August 20, 2013, has changed the procedure to request recognition of highly renowned trademarks in order to simplify the proceeding.
The Industrial Property Law effective in Honduras was approved
by Decree No 12-99-E. Its dispositions are of public order and
have, inter alia, the objective of preventing acts against
industrial property or acts that constitute unfair competition.
In corporate transactions it is extremely important to conduct a prior and detailed investigation over juridical aspects related to the target company before the closing of any deal. This investigation is known as due diligence.
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