ACHIEVEMENTS OF THE INTERNATIONAL SEMINARY ABREU, MERKL: Intellectual Property Brazil-Argentina
International Seminary ABREU, MERKL
The focus at one of the Brazilians partners at
Common Market of the South (MERCOSUR) has
generated a great interest of many institutions.
Thus, aiming at providing the participation of the
largest amount of interested people, this
Seminary’s edition, initially foreseen to happen
only on 08.jun.2005, was also extended to
09.jun.2005.
Mrs. Norma Felix (photo), Attorney-at-Law, external advisor of the WIPO; co-author of the Argentinean
Patent Law and the Argentinean Confidential Information Law, with all her experience as ex-president of
the Argentinean National Industrial Property Institute (INPI/AR), presented an actual and great lesson about
the treatment of Patents and Technology Transfer in Argentina. Mr. Martin Salaberry (photo), Attorney-atLaw, ex-trademarks examiner and ex-legal assessor of the INPI/AR, ex-legal assessor for Intellectual
Property of the Presidency of the Industry Commission of the House of Representatives of Argentina,
exposed in a brilliant and detailed way the aspects about Marks and Licensing in our neighbor country.
With emphasis on practical aspects very useful for the protection of the Brazilian companies intangible
assets abroad, the speakers brought experiences about tax incentives, border measures, etc., whose
summaries are available in our IP Information Center.
Distinguished Presences
Beyond the very qualified speakers, we were
honored with the presence of many distinguished
participants, including the ex-president of the
Brazilian National Industrial Property Institute
(INPI/BR) and current assessor of the INPI/BR
Presidency, Mr. Luiz Otávio Beaklini; as well as Mrs.
Maria Alice Camargo Calliari, ex-director of the
Patent Direction of the INPI/BR and current general
coordinator of other registers of the Technology
Contracts and Other Registers Direction of the
INPI/BR.
Mr.Beaklini, together with organizers, is accompanied in the
photos by Mrs.Norma (left) and Mrs.Maria Alice (right).
National and International Specialized media report the Event
Media specialized in Innovation, Industrial Property and International
Relations reported the accomplishment of INTERNATIONAL
SEMINARY ABREU, MERKL: Intellectual Property Brazil-Argentina,
enhancing the importance of the subject for Brazilian companies that
aim at identifying solutions for the extension of the industrial property
protection and instruments for exportation and technology transfer to
Argentina.
See more at:
www.marcasur.com; www.gestaoct.org.br; www.diplomaciaenegocios.com.br
Integration
Despite not everything is like “la vie en rose" between Brazil-Argentina,
speakers and organizers came together to watch the World Cup
eliminatory, coincidently the decisive soccer game between Brazil x
Argentina!
Although Brazilian team lost, the atmosphere of joy and entertainment
was another prove that the relations with our neighbors are excellent and
worthful for both sides, despite being so competitive when the topic is
soccer.
3rd SEMINARY THE INTELLECTUAL PROPERTY
AS COMPETITIVE INTELLIGENCE MEASURE
With illustrious presences, such as Mr. Ambassador Roberto Jaguaribe
(INPI/BR President and Brazilian Industrial Technology Secretary of the Ministry
of Development, Industry and Foreign Trade); Mr. Rodrigo Rocha Loures
(President of the Federacy System of the Industries of the State of Paraná FIEP), Mr. Aldair Rizzi (Secretary of State for Science, Technology and Higher
Education of Paraná); Mrs. Patrícia Simão-Sartorius (WIPO); Mr. Mariano de
Mattos Macedo (TECPAR president), Mr. Wanderley Veiga (coordinating of the
Relationship Portal of the UFPR) and Mr. Pablo Osmar Barbosa Days
(Managing of the CEFET-PR - Curitiba Unit), the 3rd "Seminary The Intellectual
Property As Competitive Intelligence Measure" once again becomes blunt as a
reference on spreading the intellectual property in the South Region of Brazil
and even more in all Brazilian territory!
Besides participating for the 3rd time of the organization, the ABREU, MERKL as
supporting such a brilliant initiative, in this year were present with the lectures of
Mrs.Norma Felix (photo) and of Mr. Martin Salaberry (photo), introducing the
institutional questions of the neighbor country.
THE IMPORTANCE OF INTERNATIONAL WATCH OF TRADEMARKS
Cassiano R. Golos Teixeira
Attorney-at-Law
The power of a brand in the market is directly related to the legal protection of the trademark. Therefore,
any company that desires to be competitive, maintaining or improving its own image in the market, must
adopt an international intellectual property strategy in order to have a strong trademark.
There are uncountable cases of companies that before launching a product or even its own name, do not
make a deep clearance of their trademarks, identifying earlier trademarks that may be confusingly similar.
So far, there are even more cases of companies that after the clearance, forget that a strong trademark is
not only launching a new and distinct trademark, but maintaining it so worldwide.
Continuance
Many times the consequences of not having an effective IP strategy only arises when the first shipment of
goods to a foreign country is blocked in the alien port due to the existence of a similar registered trademark
by a stranger competitive. The problem is that breakthrough this foreign stranger trademark may cost very
much and many times may be impossible.
One would say that the best international strategy is to fill trademarks applications in all countries
immediately, before any deal. But is this worthwhile? Indeed, notwithstanding the legal advantages of such
option, in most cases this is an utopia, mainly for small and medium sized enterprises or for low gross profit
products of large enterprises.
The point is that many countries have means in their legislation to avoid unfair registrations. For instance,
the Brazilian Industrial Property Law of 1996 provides that every person who, in good faith on the priority or
filing date, has been using an identical or similar mark in Brazil for at least six months to distinguish or
certify an identical, similar or alike product or service shall have the right of preference for the registration.
Although if it is not easy to enforce a prior used trademark by such legal means, it would be even harder or
impossible if the prior user do not know that a further application has been filled.
Another point: even if you have an application or a registered trademark, you must be pro-active, enforcing
it against other applications or counterfeiters. But if you don’t know what your potential competitive or
counterfeiters are doing worldwide, what can you do? Nothing, just lose your corporate identity among
uncountable similar trademarks.
But do not forget: in some countries, for example, Switzerland (which is also not part to the European
Community Trademark system), prevails a first-to-file system where the protection for prior users is very
restricted.
Therefore, in the determination of the intellectual property strategy of a trademark, it is very important to
consider many factors, for instance, intended life cycle of the brand; potential consumer markets; potential
producers and counterfeiters countries; etc; and choose the option that better fit to your business plan
budget.
In this manner, a best practice that should be included in all strategies would be: watch out!
Please feel free to contact us in case of any inquires, contributions or suggestions: [email protected]
Copyright 2005. ABREU, MERKL E ADVOGADOS ASSOCIADOS. All Rights Reserved.