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ARTICLE · 11 FEBRUARY 2016

Digest Of Principles

Dannemann Siemsen
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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.

BrazilIntellectual Property
Rodrigo Borges Carneiro
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.

Under Brazilian law, courts are not bound by such principles, but they are commonly used and cited nonetheless by both lawyers and judges from state and federal courts in motions and decisions.

In relation to trademarks the digest encompass among others the following principles:

The highly renowned trademark (Article 125 of the Industrial Property Law-LPI) is an exception the principle of specificity and has special protection in all fields of activity, if previously registered in Brazil and so declared by the INPI – Institute National Industrial Property.

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