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Montaury Pimenta, Machado & Vieira de Mello | Brazil | 27 Sep 2021

Challenging competitors' patents in Brazil

In Brazil, a problematic competitor's patent or patent application can be challenged by filing a subsidy to the technical examination or a request for administrative nullity procedure. This article discusses the advantages and disadvantages of the two methods, as well as other available options for parties wanting to challenge a competitor's patent in Brazil.
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CGM Advogados | Brazil | 22 Sep 2021

Social media and employer disparagement: to like, or not to like?

While social media is an unavoidable part of life, and freedom of speech is a constitutional right guaranteed to every Brazilian, the courts have been upholding the termination of employment for cause when employees post content on social media that is deemed defamatory to their employers. In some cases, employees have been ordered to pay pain and suffering damages to their former employers.
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CGM Advogados | Brazil | 15 Sep 2021

Remote work: new trend or new burden?

In the year-and-a-half since the covid-19 pandemic began, working from home has gone from an interim measure to a working model that most companies will be using for the foreseeable future. Only with clear guidelines will companies be able to effectively renovate their approach to employment while adapting to changes in their respective markets, which have similarly been made volatile by the......
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Montaury Pimenta, Machado & Vieira de Mello | Brazil | 13 Sep 2021

Brazil is one step closer to recognising and regulating registration of position marks

The National Institute of Industrial Property recently carried out a public consultation on the examination of applications for the registration of position marks. The public consultation aimed to collect the opinions of specialists and those interested in the subject so that clear rules can be created to officially regulate the matter in Brazil and the Brazilian trademark system can thus be......
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VMCA | Brazil | 9 Sep 2021

CADE's approach to digital markets: rhetoric and enforcement

After taking office as the Administrative Council for Economic Defence's (CADE's) president, Alexandre Cordeiro has made several statements that sustain an orthodox perspective of competition, including denying any intention of adopting a structural approach to enforcing competition law in Big Tech. It remains to be seen how the CADE will strike a balance between its wish to better understand......
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Montaury Pimenta, Machado & Vieira de Mello | Brazil | 6 Sep 2021

Life sciences patents in Brazil: hot topics

Over the past five years, the Brazilian Patent and Trademark Office has adopted various measures to reduce the backlog in patent examinations and implemented several improvements in its examination guidelines to enable high-quality technical examinations to be performed. In addition, the covid-19 pandemic has led to other sensitive discussions regarding the Brazilian patent system and its......
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Kincaid | Mendes Vianna Advogados | Brazil | 1 Sep 2021

Brazilian courts rule on legal concept of wrongful ship arrest

The Superior Court of Justice recently considered a charterer liable for damages suffered by a shipowner due to the arrest of the latter's vessel in Brazil as security for a claim based on an alleged breach of a charter agreement. As Brazil has not ratified any of the international ship arrest conventions, it can be challenging to construe the Brazilian jurisdiction for a ship arrest to......
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CAL - Costa, Albino & Lasalvia Advogados | Brazil | 31 Aug 2021

Resolution 407 provides P&T underwriters with freedom to contract on bespoke policy wordings

Resolution 407 releases parties from the obligation to contract on the standard form wording issued by the Brazilian insurance regulator, and allows them to exercise freedom of contract when drafting their wordings. The resolution represents the most interesting regulatory development in the Brazilian ports and terminals market for many years.
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Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados | Brazil | 13 Aug 2021

Sports broadcasting bill on track for approval in Brazil

In Brazil, the popularity of football has led to a huge demand for broadcasting matches. Under Pelé's Law, the principal legislation governing sports in Brazil's legal system, sports associations have the right to negotiate and authorise (or prohibit) any form of broadcasting of the sporting events in which their athletes participate. The House of Representatives recently approved a bill that......
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VMCA | Brazil | 12 Aug 2021

New appointments to CADE tribunal and general superintendence

July 2021 saw important changes to the leadership of the Tribunal and the General Superintendence of the Administrative Council for Economic Defence (CADE). The newly appointed CADE president, Alexandre Cordeiro Macedo, has repeatedly claimed that he has an orthodox view of competition and that he does not support movements in other jurisdictions that intend to "expand" the role of antitrust.
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