In August 2023, Bhering Advogados, in collaboration with agents from the Civil Police and the Brazilian Internal Revenue Service, participated in a significant seizure operation at an informal trade center in the city of Teresina, located in the Northeast region of Brazil. This operation targeted 10 stores and resulted in the successful apprehension of products valued at approximately USD 1 million.

Our Anti-counterfeiting department collaborates closely with Civil police and IRS officials in Teresina to enhance control measures against the trade of counterfeit products.

Click here to see the full report (in Portuguese).

Bhering Advogados was recognized in the 2023 ranking of IAM Patent 1000 – The World’s Leading Patent Professionals, as one of the leading law firms in Brazil in the field of Patent Law.

According to IAM 1000, “With three domestic offices, in Rio de Janeiro, São Paolo and Curitiba, Bhering Advogados offers widespread coverage of the national Brazilian market”. The guide adds that “The Bhering team combines deep knowledge of the national IP sphere with adeptness in all areas of patent practice.” Moreover, the publication highlights that Bhering Advogados “boasts a large international clientele” and “the team establishes long-term relationships with its clients, managing the entirety of their patent portfolios, taking on INPI oppositions and litigation before the courts, and delivering commercial advice on portfolio valuations and licensing”.

Pedro Bhering was individually ranked as a leading lawyer in patent transactions (“a pioneer within the Brazilian IP field, with over 40 years of experience”; “highly skilled in the valuation and transfer of IP assets; and “unrivaled expertise in the monetization of IP assets is highly sought after by multinational corporations who wish to launch their inventions in the Brazilian market”).

Philippe Bhering was ranked as a leading lawyer in patent litigation (“seasoned litigator with more than two decades in intellectual property, including international experience”).

The IAM Patent 1000 is commonly regarded as the definitive ‘go-to’ resource for those seeking to identify world-class, private practice patent expertise.

Bhering Advogados is proud to announce that it has been recognized for its commitment to diversity and inclusion practices in the 2023 edition of the “Análise Advocacia Diversidade e Inclusão” guide, presented by Análise Editorial.

The report, compiled through interviews and surveys conducted by the Análise Editorial team, highlights the firms in Brazil that are actively implementing diversity and inclusion initiatives within their organizations.

For more information click here.

From August 22 to 23, 2022, the 43rd International Congress of the Brazilian Intellectual Property Association (ABPI) will be held in hybrid format. The theme of this year’s edition is “IP as a Promoter of Social Equality”.

Partner Philippe Bhering will be the moderator of the table-topic 10, entitled “Design Protection and Enforcement in Europe and Brazil: exploring the recent European Commission proposals and potential loopholes in the Brazilian system”, which will take place on August 22, 2023, at 2 pm (BRT). The panel will feature Annalena Beck, Head of IP Enforcement for LATAM at Mercedes-Benz; Carlos Mauricio Ardissone, Technical Coordinator of Appeals and Nullity Actions in Design Proceedings at INPI; and Simone Schäfer, partner at Vossius & Partner.

This table-topic will explore the protection and enforcement of design rights in Europe and Brazil. It will examine recent proposals from the European Commission and possible gaps in the Brazilian system. An essential discussion for comprehending cross-border design strategies and promoting unified intellectual property safeguards.

Registrations for the 43rd ABPI International Congress can be made through the ABPI platform at https://2023congresso.abpi.org.br/

We are pleased to share that our partners Pedro Bhering, Philippe Bhering, Isabel Milman and Clarisse de La Cerda were recognized as Intellectual Property Leaders by World Intellectual Property Review – WIPR Leaders, 2023 edition.

Highlighting the leading IP practitioners from around the world, these distinguished professionals were selected after a four-month nomination process, during which WIPR solicited input from 12,000 IP professionals.

Philippe Bhering and Jiuliano Maurer wrote the chapter on Brazilian Law for the twelfth edition of the book The Intellectual Property Review, published annually by Law Business Research Ltd. The Law Reviews are an important collection of books that offer accessible insight into several areas of Law in the world’s major jurisdictions.

Bhering Advogados’ chapter covers Brazilian Law in the areas of patents, industrial designs, trademarks, copyright and neighboring rights, trade secrets, software, recent developments and practice updates of the Brazilian PTO, litigation and enforcement of IP rights, and IP trends.

As legal practice continues to become increasingly transnational, practitioners need to have a grasp not only of foreign legislation and legal rules but also of the basic structure and processes of civil procedure in various jurisdictions. The Law Reviews provide a broad business-oriented overview of current legal and procedural issues, alongside analysis of important cases and issues in each area of law covered.

Click here to read the article.

We are pleased to share that four partners of Bhering Advogados were recognized as IP STARS by Managing IP. The publication selected Pedro Bhering as a Notable Practitioner for his noteworthy involvement in the field of Intellectual Property, which began 45 years ago; Philippe Bhering and Jiuliano Maurer as Trademark STARS; and Isabel Milman as a Trademark STAR and Patent STAR.

Recently, in April, Bhering Advogados won the Trademark Firm of the Year award, covering the areas of trademark litigation, anti-counterfeiting, and prosecution.

Founded in 1990, Managing Intellectual Property, based in London, is the leading source of news and analysis on all intellectual property developments worldwide. Its IP survey identifies the leading IP firms and lawyers in over 70 jurisdictions, based on feedback from peers and international IP counsel. It provides a unique perspective on IP practice, based on the experiences of hundreds of clients and practitioners worldwide.

Partner Philippe Bhering contributed with comments to Valor Econômico Newspaper’s report regarding the Unitary Patent and the Unified Patent Court. The new European Patent System came into effect on June 1, 2023.

This topic is of particular importance for Brazilian companies operating or having an interest in the European Union, as they will need to reassess their patent protection strategy in the region, taking into account the circumstances of each case. According to Dr. Bhering, “Until then, if you had a dispute involving several countries, you had to litigate in all of them. Now, the company can go to just one court, which should unify case law, increasing legal certainty”,

The full article can be read (in Portuguese) here.

Philippe Bhering and Jiuliano Maurer wrote the chapter on Brazilian Law for the “Getting the Deal Through – Patents 2023” guide, with insights into patent prosecution, litigation, licensing and latest trends in Brazilian practice and legislation.

Since 1996, the “Getting the Deal Through” publication series provides international comparative guides to law and regulation in 120 practice areas and more than 150 jurisdictions containing concise explanations to the most important regulatory matters that arise in business deals and disputes worldwide.

More information about the “Getting the Deal Through” series is available at:  www.lexology.com/gtdt .

Click here to download a copy of the “Brazil” chapter of the “Getting the Deal Through – Patents 2022” guide*.

*Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through – Patents 2023.

Partner Philippe Bhering contributed with comments to Valor Econômico Newspaper’s report about the decision of the Brazilian Patent and Trademark Office (BPTO) rejecting Louboutin’s red sole application for a position mark.

The registration of a sign as a position mark became admissible in Brazil on October 1st, 2021, when Ordinance No. 37/2021 issued by the BPTO came into effect.

Recently, the BPTO published the rejection decision of the position mark application for Louboutin’s red sole, citing alleged lack of distinctiveness.

According to Philippe Bhering, it is not uncommon for the INPI to reject the application in the first administrative instance. The applicant, in these circumstances, he continues, can always submit evidentiary material in the second instance to demonstrate the distinctiveness of the claimed sign. In this specific case of Louboutin, one can argue that distinctiveness has been acquired through the repeated use of the sign over a long period of time. And this is a matter of evidence to be presented, in this case, along with a potential appeal.

The full article can be read (in Portuguese) here.