Practice areas and industries
For over 35 years, our firm has been a benchmark in providing the highest quality intellectual property services, both in Brazil and internationally. We have proudly served as a beacon of excellence and expertise in this crucial field.
Over the years, we have amassed an extensive portfolio of services covering all aspects of intellectual property, providing customized and high-quality solutions for our clients.
Intellectual Property
The patents team at Di Blasi, Parente & Associados consists of an efficient body of lawyers and technicians qualified to offer their clients the best strategies to achieve the desired level of protection for their business objectives. We provide comprehensive monitoring and specialized strategy development for the protection of our clients' brands.
We also work with various industries, sciences, and technologies and have extensive experience when it comes to providing the following services, among many others:
- Patent portfolio management;
- Freedom-to-Operate (FTO) analysis;
- Prior art searches;
- Patentability analysis;
- Due diligences;
- Filing and prosecution of patent applications in Brazil and abroad;
- Filing and prosecution of international patent applications in Brazil under the Patent Cooperation Treaty (PCT);
- Continuous monitoring of patented technologies;
- Technical and legal opinions related to patent issues;
- Patent litigation;
- Registration of new plant varieties;
- Representation in processes for requesting authorizations from the National Health Surveillance Agency – ANVISA;
- Representation in processes for requesting authorizations from the National Biosafety Technical Commission – CTNBio;
- Representation in processes for requesting authorizations from the Genetic Resources Management Council – CGEN; among others.
The firm always seeks strategies that allow its clients to protect their inventions, enabling them to exploit these inventions in Brazil with the confidence they need.
In addition to the services listed above, our team also offers various solutions, whether in patent infringement analysis, opinions on medications, extrajudicial notifications, as well as alternative dispute resolution services.
Our services cover all stages of trademark protection, including but not limited to the initial phase (prior art search, legal opinion), registration, monitoring, and maintenance.
Brazil offers registration of Industrial Designs protecting the external ornamental shape of an object or the combination of lines and colors applied to a product, provided it is new and suitable for industrial production. No protection of this nature is available for functionalities, dimensions, materials, or manufacturing processes of an object.
The initial term of protection is 10 years, extendable for three consecutive periods of five years each, up to a maximum of 25 years.
Di Blasi, Parente & Associados offers specialized services related to design rights in Brazil, through its founding partner, Gabriel Di Blasi, one of the leading authorities in design rights worldwide. The firm is also involved in harmonization efforts with the government regarding the protection of industrial designs, in connection with harmonization efforts being conducted globally.
We are one of the few specialized firms in Brazil in the field of Geographical Indications.
The firm provides extensive consultancy to its clients regarding the protection of geographical indications in Brazil, always in compliance with the TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights).
This type of protection is particularly relevant, especially for clients operating in the wine and food industry, where geographical indication is used to attribute certain characteristics that, when associated with specific locations, reflect the quality of origin.
Di Blasi, Parente & Associados has a robust anti-counterfeiting program that is tailored to the specific needs of each client.
We assess the business and everything the brands encom. We learn about the products and their distribution, and then we create a plan to combat counterfeiting from all angles, using all available resources.
Our anti-counterfeiting group is based in São Paulo, with easy access to customs authorities, information centers, and entry points.
We participate at all levels when it comes to combating counterfeiting – from initial reports, ongoing filings, educating customs agents, monitoring police actions on seizures, assessing suspicious products, to overseeing the destruction of counterfeit goods.
When necessary, we assist our clients in taking legal action to halt counterfeiting activities, including the illegal manufacturing and marketing of such products on Brazilian soil.
Protection of software in Brazil is guaranteed by the Software Law. Under current Brazilian law, the protection of computer software is based on its source code, which is understood as the expression of its creator, thus making the protection of this intangible asset similar to copyright.
The registration of software with the INPI (Brazilian National Institute of Industrial Property) is done by depositing the corresponding hash code of its source code. Similar to copyright, the registration of software with the INPI is declaratory in nature, and it is important for proving prior existence in cases of violations.
The professionals at our firm are qualified to assist creators in the field in better understanding the range of rights that this protection provides them, as well as to study business strategies for better utilization of their intellectual assets.
Trade secret, in a broad concept, can be considered as any confidential business information that provides the holding company with a competitive advantage over others, and therefore must be treated and protected with due importance. Consult our firm's team for detailed information on trade secret protection in Brazil. They will be ready to assist you.
We provide specialized advice on issues related to copyright and related rights in Brazil, including the registration of intellectual works with competent authorities, conducting rights clearance for cultural projects, analysis and drafting of contracts and opinions, negotiation of licenses and agreements, and representation in judicial litigation, among other services.
Di Blasi, Parente & Associados has a strong team specialized in biological sciences. In our firm, we have technical professionals with extensive experience in biology, biotechnology, chemistry, environmental sciences, genomics, medical devices, pharmaceuticals, green technologies, and agriculture.
We also have a team of highly qualified lawyers to handle patent litigation and advisory work, capable of representing our clients in local state and federal courts, as well as the Superior Court of Justice (STJ) and the Supreme Federal Court (STF), and coordinating litigation projects abroad, always exceeding client expectations.
Our work in the field of Biological Sciences involves not only drafting patent applications and their respective istrative procedures but also pre-litigation procedures such as case research and analysis, policy drafting, compliance, technology transfer agreements, technical and/or legal advice, and, primarily, judicial measures, both in Brazil and abroad, as well as coordinating projects involving mediation and arbitration in other jurisdictions.
The protection of integrated circuit topography is possible in Brazil. Images of the topography are required when filing an application. Protection for integrated circuit topography in Brazil lasts for 10 years from the date of deposit or from the date of the first economic exploitation of the topography, whichever occurs first.
Our Intellectual Property team includes a myriad of professionals with specific expertise related to electronic components, including resistors and interconnections, making topography protection in Brazil extremely straightforward.
With the advent of the new Brazilian Biodiversity Law (Law No. 13,123, in force since November 17, 2015, regulated by Decree No. 8,772, of May 11, 2016), the objective is to simplify access to genetic heritage (GH) and associated traditional knowledge (TK).
This regulation involves industries such as Food, Flavors, Personal Hygiene, Agribusiness, among others. There are new deadlines for companies to regularize their activities in accordance with the established norms. Our team is ready to assist you in this matter, as well as in dealing with ANVISA (National Health Surveillance Agency) and CGen (Genetic Heritage Management Council).
Di Blasi, Parente & Associados is at the forefront of innovation in Brazil, providing intellectual property and related services across a diverse range of industries.
The company is dedicated to ing organizations and institutions in the R&D and Academic sectors, as well as engaging in legislative efforts upon which our clients rely.
We partner with universities and government to achieve unprecedented outcomes with unparalleled success.
Institutional & Government Relations
In the era of political and regulatory complexity, distinguishing the essential from the dispensable is necessary to simplify day-to-day operations without surprises, anticipating risks, and seizing opportunities. In a volatile political environment, the ability to manage crises and protect the reputation of your organization is essential. With expertise, we build lasting relationships with key stakeholders for your business. We keep track of the necessary forums to stay one step ahead with qualified and prompt information, enabling you to make the best possible decisions for your business.
Digital Law and Data Protection
The focus of this area is to ensure clients have a solid privacy program in compliance with the Brazilian General Data Protection Law (LGPD) and the European General Data Protection Regulation (GDPR). To achieve this, our team conducts interviews with the company's management and key stakeholders, analyzes the organization's main documents to understand its governance structure, and extracts a diagnosis. Based on this, we develop a customized compliance plan for each company, considering its peculiarities and challenges. After this stage, we work on the documentary analysis of the company's critical sectors and propose the creation of new internal policies. The team also conducts training sessions for the effective implementation of the solutions developed, including training for the management team and those directly involved in data protection, such as the Data Protection Officer (DPO). Our team also has the expertise and certifications necessary to provide DPO on-demand services.
In the compliance area, we structure compliance programs for organizations across various economic sectors. The focus is on improving the company's culture regarding integrity and compliance, ensuring the establishment of an independent whistleblower channel that guarantees anonymity to the individuals involved. We begin this consultancy by conducting interviews to assess the organization's compliance maturity, followed by a compliance risk analysis. From this point, we can establish a specific instance for compliance activities, always with the of top management, creating and enhancing the company's internal policies and training employees accordingly. Our team can also be hired for specific structures such as a code of ethics and specific executions in training, corporate investigations, and targeted audits.
Business Law
In the areas of Business Law and Contracts, we provide services in drafting and reviewing contracts of various kinds. We offer consultancy in drafting and reviewing legal instruments related to the formation of t ventures, commercial representation, transfer of assets of business entities, partnerships for research and development of products or processes, technological cooperation, technology transfer, etc. Additionally, we analyze the compatibility of these contracts with laws, treaties, and technical or regulatory standards in force across various sectors.
The protection of intellectual property extends beyond safeguarding intellectual assets and is part of a broader goal of ensuring that companies can operate in a competitive environment without restrictions and free from unlawful and unfair practices.
For this reason, certain competition practices, even if they do not directly violate intellectual property, may be subject to repression based on prohibitions against unfair competition and antitrust law, just as certain intangible assets, even if not subject to registration, may be protected.
We offer our clients comprehensive assistance in protecting their competitive interests, providing consultancy or taking legal and istrative measures.
Di Blasi, Parente & Associados provides regulatory services across a variety of industries subject to specific government requirements and procedures in Brazil. Understanding business and industries in Brazil gives us an advantage as we help clients obtain permissions and approvals, maintain compliance, and ensure that business can be conducted properly and effectively. Our regulatory and istrative services include preventive measures to assist compliance and avoid violations by obtaining the necessary authorizations to conduct business. Additionally, we guide the process of filing and recording contracts with the appropriate agencies, altering properties, revalidating registrations, and other recommended or required procedures specific to the sectors in which our clients operate. Some of the areas in which we provide regulatory assistance include:
- Advertising and Marketing
- Product Labeling
- Product Registrations
- CADE Approvals
- ANVISA Procedures
Our Entertainment, Media, and Sports department is led by our founding partner, Paulo Parente, who is ionate about and involved in various sports. The team consists of professionals with an artistic inclination and solid expertise to address issues related to the music, audiovisual, gaming, and advertising industries. Our firm represents some of the biggest names in MMA, surfing, and soccer, as well as artists, composers, producers, distributors, etc., providing specialized advisory and consulting services in legal business transactions related to the Creative Economy and digital media, as well as istrative representation before regulatory agencies (CONAR, ANCINE, etc.), among others. Focused on strategic preventive legal action to minimize risks and provide legal security in business dealings, our team also has extensive experience in crisis management and resolution of istrative, extrajudicial, and judicial disputes.
According to the Brazilian Textile and Apparel Industry Association (ABIT), Brazil is the 5th largest textile producer and the 4th largest apparel producer in the world. With an annual turnover exceeding $45 billion, the fashion market and industry are robust and thriving. Di Blasi, Parente & Associados has an entire team dedicated to Fashion Law in Brazil. We offer various specialized solutions and provide legal services related to all aspects of the industry, from fiber and yarn production to clothing manufacturers and designers.
Brazilian regulations can sometimes result in unexpected tax obligations. These issues arise especially concerning transactional matters and may have broad implications for companies required to make international remittances from Brazil. Our firm analyzes the specific contractual elements that trigger these tax requirements and advises clients on compliance with local regulations and procedures, enabling them to minimize exposure, comply with the law, and continue to operate effectively. Additionally, we take these tax matters into as we draft contracts for our clients, and we can clearly and accurately explain what to expect regarding any tax requirements involved.
The franchise industry in Brazil has been expanding rapidly for over a decade, with growth rates between 10% and 13% per year, as both foreign and domestic franchise brands capitalize on the largest economy in South America. Di Blasi, Parente & Associados provides its clients with comprehensive services related to this field, including the development of franchise systems, implementation, due diligence, drafting and registration of contracts, and for clients regarding conflict resolution, all in accordance with the nuances of the Brazilian Franchise Law.
We provide guidance and for companies looking to establish themselves in Brazil. Our services in this area include advising newly established companies, entrepreneurs, investors, and related parties on organization, financial matters, regulatory issues, intellectual property protection, and much more.
For the registration, acquisition, and management of domain names in Brazil, there may be requirements that are unfamiliar to foreign registrants and even to Brazilian entrepreneurs. Aware of this, the firm seeks to assist its clients in the process of protecting and ing the domain, providing continuous monitoring and ensuring that their istrative capacity remains intact.
The legal team at Di Blasi, Parente & Associados is comprised of experienced and dedicated attorneys, committed to devising strategies and delivering quality petitions and appeals, in both substantive and procedural law aspects, in defense of clients' interests. They are qualified to carry out their functions, possessing extensive experience in all instances and jurisdictions, including on-site proceedings in state, regional, and higher courts, in lawsuits between companies, as well as against multiple authorities in istrative litigation. The successes achieved by the litigation team demonstrate that the firm is comprehensive and capable of addressing clients' istrative, extrajudicial, and judicial demands, ensuring that clients continue to trust our firm as we navigate Brazil's complex and diverse judicial environment with competence and agility.
In comparison to some South American countries, Brazil is quite advanced when it comes to extrajudicial and judicial mediation, possessing specific legislation on the subject. The use of an alternative method for conflict resolution is preferable in Brazil, and it is possible to draft contractual clauses stipulating the use of extrajudicial mediation in cases of conflicts before resorting to judicial measures. Generally, mediation is more economical and faster than judicial measures, considering its peculiarities of seeking mutual benefit and reaching agreements by the parties themselves with the assistance of the mediator, who acts as a facilitator of dialogue without rendering a decision on the case.
Di Blasi, Parente & Associados' involvement in mediation is led by founding partner Paulo Parente Marques Mendes, a certified mediator in Brazil who is also a member of the INTA Mediator Network, in addition to being a frequent author and speaker on the subject.
Just like mediation, arbitration in Brazil is another alternative method of dispute resolution. Although it may be less cost-effective than mediation and resorting to the Judiciary, arbitration offers the advantage of having an impartial professional with specific qualifications to resolve the conflict, resulting in time savings and higher quality decision-making by the arbitrator.
Arbitration can be attractive when parties cannot reach a resolution through mediation. It is possible to draft contractual clauses stipulating the step-by-step use of extrajudicial mediation and subsequently arbitration in cases of conflict, before resorting to judicial measures.
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