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By Rodrigo Borges Carneiro
On November 13, 2014, the Brazilian Superior Court of Justice published a digest of principles based on rulings of this court in trademark and industrial property cases.
By Gustavo De Freitas Morais, Rodrigo Rocci, Vyctor Taddeucci de Araujo
The Brazilian patent system is ruled by Brazilian Patent Office created by Federal Law nº 5.648/70 and its authority is defined by Brazilian Industrial Property Law.
By Rodrigo Borges Carneiro
The Civil Rights Framework for the Internet has finally been approved at the National Congress and sanctioned by President Dilma Rousseff.
By Luciana Bassani
This article explores the feasibility of using a standard international franchise disclosure document as a starting point.
By Rodrigo De Assis Torres, Felliphe Pereira Dos Santos
This is the foundation for the legitimate expectation that public acts and policies are in accordance with the laws.
By Rafael Lima
The "creation and launch" of new products and services almost always results in high expectations both for consumers and the market.
By Luciana Bassani
Under Article 50 of the Civil Code, if the actions of one partner or manager cause a deviation from a company's purpose or result in the commingling of assets caused by the abuse of a legal entity, the court may consider such partner or manager personally liable, without limitation, for the company's obligations and debts.
By Fernanda Pacheco
The rules for the extrajudicial (or administrative) exclusion of partners from Brazilian limited liability companies are established in the Civil Code (Law 10,406/2002).
By Ana Lúcia De Sousa Borda
It goes without saying that a trademark enjoying good reputation and fame is very often considered to be the most valuable asset of a company.
By Roberta Xavier Da Silveira Calazans
Piracy and its disastrous effects are very well known.
By Eduardo Da Gama Camara Jr
Current Intellectual Property Law No. 9,279 of May 14, 1996 and the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement allow for patenting of pharmaceuticals in Brazil. Notwithstanding, in 2001, the Brazilian IP Law was amended and the prosecution of pharmaceutical patent applications changed substantially.
By Felipe Toscano
As a general rule, the liability of each partner in a Brazilian limited liability corporate structure - whether a limited liability company or corporation - is limited to the quotas to which he or she has subscribed, or to the total amount of the issue price of the shares subscribed or purchased, as the case may be.
By Luciana Bassani
Along with corporations, limited liability companies (LLCs) are the most common form of corporate entity in Brazil. LLCs are governed by the Civil Code and may be supplementarily governed by the Corporations Law. An LLC's capital is divided into quotas, representing its equity.
By Ana Lúcia De Sousa Borda
Before the enactment of the Industrial Property Law (IPL) No. 9.279/96, Geographical Indications (GIs) were protected in Brazil on the grounds of unfair competition. This scenario changed when the IPL entered into force.
By Fernanda Pacheco
Limited liability companies are governed by the Civil Code (10,406/2002) and may be supplementarily governed by the Corporations Law (6,404/76, as amended). The law requires that companies have a minimum of two members. If any of these is a foreign individual or entity, the member must be represented by a Brazilian resident.