Partner Philippe Bhering was interviewed by Valor Econômico in a feature covering the growth of so-called “China Desks” in law firms in Brazil, driven by the increase in investments and trade relations with the Asian country.

The article highlights that the strengthening of China’s presence in Brazil has required not only specialized technical expertise, but also a deep understanding of cultural particularities and the local legal environment. In this context, the creation of dedicated teams to serve Chinese clients has emerged as a strategic response to this new market dynamic.

During the interview, Philippe Bhering noted that the firm had already been advising Chinese companies, particularly in the telecommunications and automotive sectors, and that the formalization of a dedicated practice reflects the growth of this demand. According to the partner, the initiative also aims to foster greater cultural alignment, including through language, while keeping pace with the rise in intellectual property matters, with a focus on the protection of intangible assets.

The full article can be read here (in Portuguese): https://valor.globo.com/legislacao/noticia/2026/03/26/crescimento-de-negocios-com-o-pais-multiplica-as-china-desks-dos-escritorios-de-advocacia.ghtml

Colgate has achieved the prestigious “highly renowned” status in Brazil, granted by the Brazilian Patent and Trademark Office (INPI). This recognition places Colgate among the 193 brands in Brazil that hold this distinction, a testament to the exceptional distinctiveness of the brand and its widespread public recognition.

Philippe Bhering and Chairin Kong successfully led the proceedings for Colgate’s recognition. As Philippe Bhering explains in an interview with Veja Negócios, “the ‘highly renowned’ status confirms that the trademark possesses exceptional distinctiveness and broad recognition among Brazilian consumers, associating it with prestige, tradition, and quality. This status offers special protection across all market segments, as established by Law No. 9.279/96 (Industrial Property Law).”

To obtain this status, companies must submit a petition to the BPTO, demonstrating compliance with the requirements set out in Ordinance No. 08/2002, which was updated earlier this year after a public consultation.

We are proud to have supported Colgate in achieving this important milestone!
You can read the full article (in Portuguese) here.

In an article published by Valor Econômico on September 30, our partner Philippe Bhering comments on the decision issued by the 1st Specialized Panel of the Tribunal Regional Federal da 2ª Região (TRF-2), which declared the nullity of the registration of the four-stripe trademark.

The three-stripe design is a highly recognized distinctive element in the apparel brand’s portfolio, and reproducing it improperly would cause consumer confusion.

According to Philippe, “the relevance of this case is not directly financial, but in the ‘intangible,’ recognizing the strength of the three stripes as a trademark”. “This decision strengthens the protection of the three stripes, confirming that they have a unique distinctive power,” he states.

To understand the case, read the full article (in Portuguese) here.

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.

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.

Partner Philippe Bhering contributed comments to Valor Econômico newspaper on the ownership of inventions created in the context of employment relationships.

According to the Industrial Property Law – LPI (Law No. 9.279/96), such inventions may either be fully owned by the employee, jointly owned by the employee and employer, or fully owned by the employer, depending on the employee’s assigned role and the specific conditions under which the invention was created.

When there is personal contribution from the employee and the use of any resources, data, means, materials, facilities, or equipment provided by the employer, the invention is equally owned by both the employee and employer, unless otherwise specified in the contract. In the case of co-ownership, the employer is granted the exclusive right to exploit the invention. In exchange for the employer’s exclusive exploitation rights, the LPI guarantees the employee “fair remuneration.” However, the LPI does not establish criteria for what constitutes “fair remuneration.”

According to Philippe Bhering, there is a prevailing tendency in the Superior Labor Court to ensure that workers receive 50% of the economic profits derived from inventions. However, there have been cases where lower (30%) or higher (70%) percentages were set. As a result, Philippe Bhering advises companies to take proactive measures to address the gaps in existing legislation. He recommends that, by specifying the contributions of both the employer and employee in the employment contract, the court will have a reference to determine the percentage of the economic benefit.

Partner Philippe Bhering contributed with comments to Valor Econômico Newspaper’s report about the decision of the Sao Paulo State Court of Appeals (TJSP) that ruled in favor of luxury brand Louboutin.

According to Philippe Bhering, the decision is relevant for the fashion industry, as it reinforces the understanding that its creations are also subject to trade dress protection and that a full copy of the creation is not necessary for the violation to be admitted.

The report at issue also mentions the landmark case involving fashion creations and protection via trade dress in Brazil, filed by Bhering Advogados on behalf of the French company BONPOINT SAS, which was decided in 2008 and constituted the first case in court to recognize protection of fashion creations via trade dress. The Defendant, a Brazilian company, was then prohibited to manufacture and sell children’s clothes in similar style as those manufactured and sold by BONPOINT SAS.

The full article can be read (in Portuguese) here