Welcome to our blog for Intellectual Property Law and Practice in Latin America!
¡Bienvenidos a nuestro blog de Derecho y Práctica de la Propiedad Intelectual en Latinoamérica!
Bem-vindo ao nosso blog sobre Direito e Prática de Propriedade Intelectual na América Latina!

Tuesday 11 October 2011

Jeremy

Brazil upholds trade mark applicant's entitlement to relief

In August of this year the Brazilian Superior Court of Justice held that a trade mark applicant is entitled to enforce IP rights against third parties even before the trade mark registration has been granted. This ruling turned on a consideration of Article 129 of Brazil's Industrial Property Law (which provides that trade mark rights derive solely from a validly issued registration) and Article 130 (which confers on an applicant the right to take measures to preserve a the reputation and integrity of his trade mark in the market). The court's decision was based on the principle that delay in the issuance of a trade mark registration cannot run in favour of the infringer.

The decision has, unsurprisingly, been said to have been welcomed by the country's trade mark owners.


Source: "BRAZIL: Superior Court of Justice Confirms Trademark Applicant’s Rights to Enforcement", The INTA Bulletin October 1, 2011 Vol. 66 No. 17

Jeremy

Jeremy