The Law and Practice of Trademark Transactions
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The Law and Practice of Trademark Transactions

A Global and Local Outlook

  • Elgar Intellectual Property Law and Practice series

Edited by Irene Calboli and Jacques de Werra

The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.
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Chapter 19: NEW DRESS CODE FOR BUSINESS TRANSACTIONS IN BRAZIL: ESSENTIALS AND PECULIARITIES OF TRADEMARKS IN THE SPOTLIGHT

José Carlos Vaz e Dias

Extract

The number of trademark filings at the Brazilian National Institute of Industrial Property (INPI) has been taken into consideration to measure the level of the Brazilian economic development and the perspective of business transactions. The Brazilian Government has also referred to this index to assess the level of consciousness of local businessmen towards intellectual property rights and to tailor specific public policies to foster trademark protection and innovation for locals. Such policies could encompass reduction of the official fees for registration, possible increase of tax benefits to trademark use, and the promotion of workshops, among others. There seems to be a direct relationship between the trademark filing index and the variation and changes of the Brazilian economy. According to the data published by the INPI in 2013, the number of trademark filings has been on the rise since 2007. From 2007 onwards the filings have reached a yearly rate of over 100,000. It may be implied by the data that the greater the number of trademark filings, the more promising and the better are the perspectives which arise for investments by local and foreign companies. These figures are evidence that local businessmen believe in the economy’s growth. Most importantly, there is a more consistent understanding that trademarks may aggregate value to products and services in a market, draw the awareness of consumers, and maintain the identity and reputation of a business. Further, the available data underlines the opportunities for trademark exploitation by means of direct and indirect business.

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