Intellectual Property

Intellectual Property

Souto Correa’s Intellectual Property area provides comprehensive services in Brazil and in other countries on matters such as trademark registration, invention patents, industrial design and software services before the Brazilian National Institute of Industrial Property (INPI), and also handles any disputes involving IP rights, including patentability search, patent drafting and all related technical work.

Our practice also involves complex copyright issues, domain names, digital platforms, e-commerce, know-how and trade secrets, cryptocurrencies, software and the Internet, unfair competition, trade name disputes, biotechnology, and matters related to access to genetic heritage (CGen).

We have participated in some of the most important litigations involving Intellectual Property rights in Brazil, including multidisciplinary strategic actions such as civil and labor disputes and civil disputes involving employees’ inventions, legal disputes between artists and labels, patent disputes in criminal and civil contexts, disputes involving high value-added technologies, working in highly regulated areas such as pharmaceuticals, food, and mining and telecommunications. 

Our team also represents national and international clients in matters involving contracts, licensing and partnerships, franchise agreements, CONAR disputes, advertising, image and voice rights, sponsorships, advertisements, and entertainment.

We advise clients in structuring technology-related or copyright and connected businesses, transactions in connection with NFTs and cryptocurrencies, business start-ups, restructuring and tax planning involving copyright and technology, estate, and succession planning for artists to assist copyright holders in planning their business, family and succession.

Recent representations

  • Successful representation of a subsidiary of a Chinese ride-sharing platform, artificial intelligence (AI) and autonomous technology conglomerate in a nonproposal by their biggest competitor aimed at disrupting a vast marketing campaign on price comparison;
  • Representation of the largest retail cosmetics company in the world in protecting and defending their trademark rights in Brazil;
  • Representation in patent nullity and infringement actions in the pharmaceutical, electrical, electronics and mining industries;
  • Representation in actions for removal of content from digital platforms for violation of copyrights, image rights or trademarks;
  • Representation in actions for unfair competition and civil and criminal litigation involving criminal claims for trade secret infringement;
  • Successful representation of one of Brazil’s largest app-based transportation companies in trademark and advertising disputes against world’s leading competitor before courts and CONAR    
  • Representation of Brazil’s largest mining company in IP and related matters;
  • Representation of some of the most important names in Brazilian popular music in entering into agreements and resolving conflicts with labels involving related copyrights;
  • Representation of one of the largest hotel chains in the world in its franchise agreements in Brazil;
  • Cancellation of third-party registrations granted in violation of copyright and trademarks of the largest cooperative financial institution in the world, also being responsible for several IP enforcement actions;
  • Representation of major Brazilian and international artists and celebrities in managing the defense of their trademark projects; drafting, reviewing and negotiating IP-related contracts; succession planning, negotiation and review of contracts with major record labels and publishers, etc.;
  • Representation of one of the largest companies in Brazil in dozens of labor claims involving patents and technology developed by employees;
  • Representation before the Superior Courts, including representation of the most important Brazilian music artist against their music publishers in four lawsuits involving copyright disputes.
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