Industrial Property Law

Law nº 9279 - May 14th - 1996

PRELIMINAR REGULATIONS

 

Clause 1st – This Act adjusts rights and obligations regarding industrial property.

 

Clause 2nd – Rights protection related to industrial property, considering its social concern, technology and economical development of the Country itself is made by means of:

 

I – Invention patents and utility model concession;

II – Industrial design register concession;

III – Trade mark register concession;

IV – Repression to false geographic indications; and

V – Repression to disloyal competition.

 

Clause 3rd – It is also enforced the regulation:

 

I – The patent request or registration from abroad and deposited in the Country by someone who has protection secured by treaty or convention effective in Brazil; and

II – To native or people resident in a country that assure Brazilian people or people who are settled in Brazil reciprocity on equal or equivalent rights.

 

Clause 4th – The treaty regulations effective in Brazil are enforced, in equal conditions, to people in general or legal entity native or resident in the Country.

 

Clause 5th – We consider movables, for legal effect, the rights to industrial property.

 

HEADING I – PATENTING

 

Clause 6th – To the invention or utility model, author will be assured right to obtain patent that will guarantee him ownership, in such conditions settled by this Act.

 

Clause 7th to 93rd – They are clauses related to patents, which are managed by intellectual and industrial property agents.

 

HEADING II – FROM INDUTRIAL DESIGN

 

Clause 94th – It is assured the author the right to obtain registration of the industrial design conferred by ownership, according conditions settled by this Act.

 

Clause 95th to 121st – They are clauses related to industrial design, which are managed by intellectual and industrial property agents.

 

HEADING III – FROM TRADE MARK

 

Clause 122nd – Distinctive signs can be recorded as a trade mark and must be of visual perception, since they are legally allowed.

 

Clause 123rd to 127th – They are clauses related to trade marks, which are managed by intellectual and industrial property agents.

 

Clause 128th – Trade mark registration can be requested by any person or legal entity of public or private rights.