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assignment of rights.
In light of the above, there are a few important factors that trademark practitioners should consider when dealing with applications and registrations under a co-ownership regime in Brazil. The following is an overview of some of the most important points.
Actions before Brazilian Trademark Office
Statements and responses in compliance with office actions must be signed by all of the owners. However, oppositions, administrative nullity actions and non-use cancellation actions may be submitted to the agency by only one owner.
Legitimacy
According to the Brazilian Trademark Law, applicants must declare that they effectively and lawfully conduct business in connection with the goods and services claimed in the application. In the case of co-ownership, all owners must be engaged in a compatible activity and the same condition must be met in the event of an assignment.
What statutes, regulations or case law govern IP rights in your jurisdiction?
IP rights are governed by the Federal Constitution, the IP Law and the Copyright Law, as well as various international agreements (see below).
Are there restrictions on how IP rights may be enforced, licensed or otherwise transferred?
There are restrictions on the recordal of licence agreements when royalties are paid to other countries.
Which authorities are responsible for granting, administering and enforcing IP rights in your jurisdiction?
The Brazilian Trademark and Patent Office (BTPO) and the Brazilian Copyright Office are responsible for granting IP rights. The state courts are responsible for enforcing IP rights.