Wednesday, 11 June 2014

Brazil World Cup 2014 news

Fifa-World-Cup-2014-Brazil+Rio.jpgThe waiting is almost over and the Cup is actually happen. Recent news about the forthcoming games has been without doubt full of controversy: stadiums not yet finished, workers been killed in construction sites; metro strikes; protest and more protest. Indeed, reading the news in Brazil has been overwhelming and many times I forgot what I was looking for (i.e. IP information).

At last, here there is some IP news:

Infringements:
Since 2010 FIFA has identified 450 cases of infringements relating to the illegal use of its exclusive brands. FIFA has an exclusive department that take care of the protection of its brands and it also has “offices in each of the 12 host cities of the World Cup”.
FIFA emphasises that official symbols, terms, and trade marks registered by the federation cannot be used without express permission of the said entity. It further notes that the special law ‘Lei Geral da Copa’ (12.663/12) penalises such acts by imprisonment from 3 months to 1 year.
Finally, the Brazilian authorities have already seized 2 tons of fake products containing a number of elements that linked them to the World Cup. There appears to be a commitment to intensify the fight against piracy. “The police, customs authorities and various government control and supervision promise to raise the siege against manufacturers, distributors and sellers of unofficial products. The National Council to Combat Piracy and Crimes against Intellectual Property (CNCP), attached to the Ministry of Justice, signed a cooperation agreement with the municipal governments of the 12 host cities - Rio de Janeiro, Sao Paulo, Brasilia, Belo Horizonte, Cuiaba , Salvador, Recife, Natal, Fortaleza, Manaus, Curitiba and Porto Alegre - to enable the public to identify unauthorized products agents.”

Registered Trade Marks:
The Brazilian National Institute of Industrial Property (INPI) informs that FIFA currently has 1,116 registered trade marks in Brazil – 400 of these were received after the entry into force of the ‘Lei Geral da Copa’.

Well-known marks:
The ‘Lei da Copa’ establishes a special regime for reputable marks. INPI did note trade marks of high reputation through a list provided and updated by FIFA. In this procedure INPI did not require the party claiming such a right (i.e. FIFA) to prove the condition of high repute.
According to the Brazilian Industrial Property Law (9.279/96) well know marks/a highly reputable mark has “special protection in all fields of activity. In cases related to the Lei da Copa, the highly reputable will cease to exist on January 1, 2015.”

Adriana RibeiroA trade mark that did not go well with the Brazilian population:
One of the words that were registered was the term ‘Pagode’. This word refers to a style of music originating from Samba. After controversy raised by a Globo’s columnist, FIFA released a statement clarifying that the registration of the word as a trade mark does not related to the Brazilian rhythm, but to the typographic name of the brand of the World Cup. Therefore, the term is free to be used in a non-commercial use and moreover, “if already in commercial use, provided it does not confuse or associate with the phrase "Pagode" recorded by FIFA (or other companies) can, in principle, be used.” INPI has 126 trade marks with the word ‘pagode’ (between applications and registrations). The ‘pagode’ font was created by an artist hired by FIFA.

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