Intellectual Property

Intellectual Property

Patents

The patent team at Di Blasi, Parente & Associados is comprised of an organized and efficient group of attorneys and technical experts to provide our clients with comprehensive strategies to develop the right level of protection to achieve their business goals.

Our patent team works across a variety of industries, sciences and technology and has vast experience when it comes to rendering, among others, such services as:

  • Full-service patent and design portfolio management
  • Freedom to Operate Analysis (FTO)
  • Prior art searches
  • Patentability analysis
  • Due diligence
  • Filing and prosecution of patent applications in Brazil and abroad
  • Filing and prosecution of international patent applications in Brazil under the Patent Cooperation Treaty (“PCT”)
  • Continuous monitoring of patented technologies
  • Technical and legal opinions related to patent issues
  • Patent litigation
  • Registration of new plant varieties
  • Representation in proceedings to receive authorization from the Brazilian Health Surveillance Agency – ANVISA
  • Representation in proceedings to receive authorization from the Technical Biosafety Committee
  • Representation in proceedings to receive authorization from the Council for Genetic Resource Management – CGEN

We specialize in finding the best way for our clients to protect their inventions and to be able to exploit them in Brazil with the confidence that they need.

In addition to the services listed above, the team also provides complete enforcement solutions – infringement analysis, second opinions, remedy recommendations, cease and desist letters, alternative dispute resolution services and comprehensive litigation representation.

 

Trademarks

Our comprehensive approach to trademark protection involves everything from availability searching and legal opinions to filing and prosecution, and full trademark protection post-registration.

We offer complete monitoring services and develop specialized strategies for the protection of our clients’ brands.

In this sense, our trademark team has vast experience when it comes to rendering, among others, such services as:

  • Trademark search;
  • Filling application;
  • Legal opinion regarding a trademark registration/application and unfair competition;
  • Trademark Prosecution – administrative procedures before the Brazilian Trademark Office;
  • Control, trademark watch notices and monitoring of application/registration; and
  • Prevention and protection of our clients’ trademarks.

The Firm provides integrated trademark portfolio management, and should an infringement incident arise, the firm is ready and able to tackle it, with a range of options to meet the needs of our clients, up to and including full litigation services.

 

Copyrights

Our firm provides comprehensive guidance on all matters related to copyrights in Brazil. We regularly file for registration on behalf of our clients to protect their copyrights at the National Library, School of Arts and other competent public agencies responsible for maintaining these registrations.

Often copyright registration in Brazil may be overlooked, but it is highly recommended to safeguard creative works against potential infringement. Such registrations can become crucial in judicial matters involving copyright disputes.

Industrial Designs  

Brazil offers registration of Industrial Designs protecting the external ornamental shape of an object or the set of lines and colors applied to a product, as long as it is novel and is suitable for industrial production. No protection of this nature is available for functionalities, dimensions, materials or the manufactured processes of an object.

The initial term of the protection is 10 years, which can be extended for up to 3 periods of five years, up to a maximum of 25 years.

Di Blasi, Parente & Associados provides expert services related to design rights in Brazil, with managing partner Gabriel Di Blasi one of the leading authorities on design rights in the world. The firm is also engaged in harmonization efforts with the government regarding design protection, in connection with harmonization efforts being made globally.

 

Software

The protection of Sofware creations in Brazil are given by specific legislation. In Brazil, softwares are protected according to their source codes, which are considered an expression of its creator. For that reason, this intangible asset has a protection similar to copyrights in Brazil.

The register of a Software at the BPTO is done depositing a hash code that corresponds to its source code. As copyrights, a software register as a declaratory nature, being highly important for proving anteriority in case of a violation.

DI BLASI, PARENTE & ASSOCADOS has a range of qualified professionals to aid Software developers to better understand the rights related to such protection, as well as studying the best strategies to use this asset on its full potential.

 

Topography of Integrated Circuits

Protection of topography of integrated circuits is available in Brazil. Images of the topography are required to file an application. Protection for topography of integrated circuits in Brazil is provided for 10 years from the filing date or the date of the first economic exploitation of the topography, whichever occurs first.

Our IP team includes a number of professionals with specific expertise related to electronic components, including resistors and interconnections, making applying for protection of topography in Brazil and breeze.

 

Trade Secrets

Trade secret, in a large concept, may be every confidential business information which provides a company a competitive edge and for this reason shall be treated and protected with the corresponding importance. Consult our team for detailed information on the protection of trade secrets in Brazil. We are ready to assist you.

 

Geographical Indication

Di Blasi, Parente & Associados is one of only a handful of firms to specialize in Geographical Indication services in Brazil.

The firm provides in-depth consultations regarding the protections for Geographical Indicators in Brazil, as covered under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement.

This type of protection is of particular relevance to those clients operating in the food and wine industries, where origin designations are geographically limited to indicate a particular set of characteristics that can one be associated with certain products to reflect the quality of the origin.