comprehensive expertise in
ROCHA BARBOSA ASSISTS ITS NATIONAL AND INTERNATIONAL CUSTOMERS IN ALL THE FIELDS OF THE ADMINISTRATIVE AND JUDICIAL LITIGATION OF MARKS. WE DEVELOP PROTECTION STRATEGIES AND INNOVATIVE SOLUTIONS.
The services offered include prior searches with technical opinions, filing applications for registration and the prosecution of trademarks, including word, figurative, mixed, three-dimensional, collective and certification marks. In addition, we provide our customers with competitive intelligence in monitoring third-party legal actions and trademark registrations.
ROCHA BARBOSA also advises its clients in the commercialization of their trademarks throughout the negotiation and elaboration of licenses agreements, assignments and other technical instruments.
PATENT IS AN IMPORTANT INSTRUMENT TO PROTECTION TECHNOLOGICAL CREATIONS. IN ORDER TO OBTAIN THIS PROTECTION IN A PARTICULAR COUNTRY, THE TECHNOLOGY CREATOR SHOULD FILE A PATENT APPLICATION BEFORE THE GOVERNMENTAL AUTHORITY. IN BRAZIL THIS AUTHORITY IS THE INPI - NATIONAL INSTITUTE OF INTELLECTUAL PROPERTY.
The granting of the patent application is subject to a merit examination, in which the novelty and inventiveness of the technology to be protected are checked. When the patent application is granted in a particular country, it results in the issuance of a Letter-Patent, which gives its owner the right of temporary exclusivity over technology, i.e., the right to exclude third parties from economically exploiting their creation in the issuance country for a given period.
ROCHA BARBOSA provides patent drafting and filing services before the INPI. We also patent prosecution, as well as in judicial and extrajudicial litigation involving patents. If you are interested in protecting the technology abroad, we have the expertise needed and a network of correspondents ready to advise you.
To verify the existence of novelty and inventiveness, our professionals carry out technical searches and issue opinions that help the client in selecting the best strategy to protect their technology. We also prepare Freedom to Operate (FTO) reports, supporting strategies to avoid infringement of proprietary third-party technologies.
COPYRIGHT LAWS GUARANTEES THE AUTHOR'S RECOGNITION, MAINTENANCE OF THE INTEGRITY OF THE WORK AND, ALSO, THE FAIR REMUNERATION FOR THE CREATIVE EFFORT.
It is a right that protects a wide variety of works, including painting, illustration, sculpture, photograph, dramatic work, audiovisual work, music (composition and arrangement, with or without lyrics), phonogram, computer program, literature, artistic or scientific text, translations, adaptations, among many other creations of the human mind.
Although it is a right that dispenses formalities, in other words, it is a right that belongs to the author regardless of whether or not he has registered his work, in some cases it is advisable to have this record for the purposes of enforcing the rights.
ROCHA BARBOSA provides advice to the authors, identifying the need to register their work for a wide range of purposes, either to protect their integrity, to negotiate property rights or to recognize authorship. We also act in judicial and extrajudicial proceedings involving copyright.
UNFAIR COMPETITION IS CHARACTERIZED BY A FRAUDULENT DIVERSION OF CUSTOMERS.
This practice can take the most varied forms and mechanisms, although it will be shown fairly common as the copying of packages and trade dress.
ROCHA BARBOSA acts in a voluntary and contentious jurisdiction to prevent unfair competitors from illegally seeking to expand their market share by confusing or associating their products or services with those of our clients.
IN BRAZIL, ADVERTISING AND PUBLICITY ARE REGULATED BY THE NATIONAL COUNCIL OF ADVERTISING SELF-REGULATION (CONAR), AND BY THE LAWS OF INDUSTRIAL PROPERTY AND COPYRIGHT.
ROCHA BARBOSA provides advice on the legal and ethical rules of CONAR, as well as informs its clients about legal issues regarding sweepstakes, contests, benefit programs, discounts, coupons and gift cards.
The activities of ROCHA BARBOSA in this sector also include a deep expertise on the rights of consumers, essential for the analysis of ads, opinions, elaboration of defenses and ethical representations with CONAR.
THE REGISTRY OF INDUSTRIAL DESIGN IS A VERY INTERESTING ASSET FOR VARIOUS BRANCHES OF THE ECONOMY, LIKE THE INDUSTRY OF PACKAGING, FURNITURE, CLOTHING, FOOTWEAR, AMONG OTHERS.
By obtaining design registration, the owner may negotiate its sale, licensing, assignment, and receive the royalties due for its use. In addition, the right of exclusivity over design will be guaranteed.
ROCHA BARBOSA counts on a team specialized in both the protection of its design and in the drafting of licensing and assignment agreements.
INNOVATION AND TECHNOLOGY TRANSFER
INNOVATION AS THE SOLE MEANING OF THE WORD, CONCERNS TO A CHANGE. THE CONCEPT OF INNOVATION VARIES WHEN APPLIED TO TECHNOLOGICAL PRODUCTS, PROCESSES, MARKETING, ORGANIZATIONAL MODELS AND SOCIAL CHANGES.
The current concept of technological innovation is related the acceptance of a technology by the society. This concept is closely related to intellectual property, as researchers and developers need some appropriation tools (patents, industrial design registration, software registration, crop protection, etc.) to securely transfer the technology to the target audience, thus avoiding misappropriations.
ROCHA BARBOSA provides consultancy on technology transfer for entrepreneurs and researchers from various Science and Technology Institutions of the country, ensuring through specific contracts and intellectual property instruments the safety of all actors involved in the innovation scenario.
Many products or services are characterized not only by its trademark, but also by the indication of their geographical origin. These are goods that have a unique quality due to local resources such as soil, vegetation, climate and know-how (savoir-faire).
The geographical indication gives the products or services certain prestige, adds value and confers an unique identity that distinguish it from other products of the same nature offered in the market.
ROCHA BARBOSA offers offers to their clients advice on the registration and protection of geographical indications, as well as acting in judicial or extrajudicial disputes.
Trade secret is characterized by a information, technical or not, inaccessible to the general public that represents a competitive advantage in the market to the one that holds it.
The holder of the trade secret does not have any title that assures exclusivity in the market, nor can prevent third parties from eventually achieving the same result and explore it freely.
Unlike the patent, the validity of trade secrets does not have a predetermined term, guaranteeing the holder the exclusivity of a product, or aspect of it, for as long as it is convenient, otherwise, for how long it is kept in secret.
Being imperative for the business to preserve his trade secrecy, ROCHA BARBOSA advises both startups and multinationals companies, in the drafting of non-disclosure agreements, revision of procedures to access information, elaboration or revision of Information Security Policies, as well as acting in the litigation jurisdiction for the protection of our client’s trade secrets.
ENTERTAINMENT AND MEDIA
In addition to the genius of the professionals responsible for producing great shows, movies or sporting events, an efficient legal advice is essential to ensure the future profit expectation.
In this sense, ROCHA BARBOSA minimizes risks and seeks to maximize financial returns by negotiating, drafting and reviewing the most varied types of contracts involving production, co-production, distribution and licensing of image use, intellectual works and industrial property rights.
Also, our expertise covers the analyzing counseling towards any issues related to the entertainment business, as well as action before the Courts to prevent or compensate damages to the rights of our clients.
IT IS WELL KNOWN THAT SPORTS IS AN ATTRACTIVE AND HIGHLY REPERCUSSED BUSINESS IN A GLOBALIZED MARKET.
Among its many aspects, the organization of events, increase of social works, issues involving doping, naming rights, purchase and sale of athletes rights, merchandising and sponsorship are surrounded by a broad legislation that, given its particularity, requires a specialized legal orientation.
ROCHA BARBOSA has all the necessary expertise to advise and act before the Courts in disputes related to professional and amateur sport.
THE COMPUTER PROGRAM REGISTRATION GUARANTEES THE AUTHOR'S RECOGNITION AND THE MAINTENANCE OF THE CODE INTEGRITY.
In some cases, such registration may be essential for the coders in order to receive the fair compensation for their effort involved in the development.
ROCHA BARBOSA advises on obtaining computer program registration,, taking care of all administrative issues of its application with the National Institute of Industrial Property (INPI), as well as acts in judicial disputes in the defense of the of our client’s interests.
PLANT VARIETY (CULTIVARS)
THE TERM CULTIVARS IN THE BRAZILIAN LAW REFERS TO THE VARIETIES OF ANY GENUS OR VEGETABLE SPECIMEN INCREASED BY SELECTION OR ANOTHER IMPROVEMENT METHOD.
The protection of new cultivars guarantees exclusivity in the commercialization of the cultivar propagating material, that is, plants and seeds, for a period of 15 to 18 years, depending on the species. This protection does not give exclusivity in the commercialization of products and food products derived from protected plants.
ROCHA BARBOSA advises on obtaining certificates of cultivar protection, from its instruction until the end of the administrative process before the National Service of Protection of Cultivars (SNPC).
PARTNERSHIP AND A GOOD RELATIONSHIP BETWEEN FRANCHISOR FRANCHISEE ARE KEY FOR BUSINESS SUCCESS.
ROCHA BARBOSA provides advice at every stage of the business, aiming to eliminate/minimize possible conflicts between the parties and ensure the consolidation of business success in its market segment.
In this sense, our professional practice includes the preparation and analysis of documents in accordance with the Franchises Act (No. 8955/1994); due diligence, guidance and preparation of the Franchise Offering Circular (COF); orientation and preparation of terms of Confidentiality and Business Plan; advising on contracts related to the instrumentalization and installation of the franchise; defense of the franchisee / franchisor in cases of contractual termination.
© ROCHA BARBOSA Intellectual Property 2017
illustrations by LARI ARANTES
Copyright: All rights reserved