Intellectual Property
Intellectual Property is a crosscutting branch of Law that covers Copyright, Industrial Property and Sui Generis protection. It relates to the tangible and intangible financial assets of the creative and cultural industry that need to be duly protected.
Copyright, under Law No. 9610/98, states that all artistic, research and literary work, created by the human spirit, is a creative asset; for example, plays or musicals, choreographed dances, musical compositions, whether they have lyrics or not, television and radio productions, movies, photographs, drawings, paintings, engravings, sculpture, lithographs or kinetic art, or illustrations, as long as they are fixed or recorded on any media.
This subject has generated greater interest with the opportunities created by online platforms, which allow anyone, directly or indirectly, to be able to create new forms of business, by producing content for entertainment using technology.
In order to protect the assets and moral rights of authors, holders and performers, and to encourage the economic exploitation of artistic production, this firm offers a number of services, including:
- Providing strategic and legal advice on highly complex cases in the civil courts;
- Drafting, reviewing and negotiating contracts on transferring copyright and image rights and granting licenses;
- Drafting notices and agreements for out-of-court proceedings.
- Providing advice on regulatory issues before the Ministry of Culture or ANCINE;
- Drafting licensing agreements for computer programs.
Industrial Property, such as trademarks, patents, industrial designs, geographical indications and trade secrets are business assets obtained by registering them with the National Institute of Industrial Property (INPI).
These assets, as well as having considerable business importance, contribute to the research, technology and economy of the country.
A trademark is a distinctive visual sign that identifies which service or product we are dealing with. Contrary to what many business owners and entrepreneurs believe, it is not enough just to have the name of your business on social media to be protected and to engage with the public. It should be registered with the INPI, which ensures that a trademark is protected for 10 years (extendable).
It is the same for industrial designs. These are either the ornamental shape of an object or an ornamental set of lines and colors that can be applied to a product. They create an external configuration that is new and original and can be repeatedly produced.
In order to avoid counterfeiting and unfair competition, it is important to register an industrial design with the INPI to ensure that it is new and original and to protect it.
Cabanellos, therefore, has a service to allow you to apply to register an industrial design for all types of designs and trademarks, to assign rights for industrial assets or license them, and to provide strategic consultancy on transferring industrial assets and handling the administrative aspects of the INPI.
