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November,
2006 – Nº 12 |
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Cruzeiro
Newmarc commemorates the Industrial Property Law, which
is completing its tenth year of existence in Brazil.
This newsletter is a special edition that treats various
aspects of the law and its impact on the national scene.
The story of these ten years of Law 9279/1996 is intertwined
with the trajectory of Cruzerio Newmarc, a business
that helped draft the base of the law through the intervention
of its founders. One of them was Dr. João da
Gama Cerqueira, a jurist who is recognized as a leading
expert on the subject.
In this edition we discuss the strong
and weak points of the Law, what it revolutionized and
how it is flawed, as well as giving an idea of the opinions
of members of the business and scientific communities
on the subject.
Our
negotiator, Rosa Maria Harada Mirra, comments on the
interventionist nature of the National Institute of
Industrial Property (INPI) regarding technology transfer,
which began during the 1970s and was never fully abandoned
within the text of the new law.
Good Reading! |
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Tenth anniversary of Law 9279/1996
May 14, 2006 marks the tenth anniversary of the Brazilian Industrial Property Law, which regulates rights and obligations related to industrial property. One of the positive impacts of this law is that it has enabled Brazil to adhere to international treaties. The country has demonstrated agility in fulfilling the terms of these treaties, resulting in international respect.
The role played by Cruzeiro in this context
Cruzeiro
Newmarc Intellectual Property's trajectory is intertwined
with the Industrial Property Law. Working for more than 70
years in international and national markets, the company sees
the impacts of these changes on a day-to-day basis. The firm
actively participated in the definition of the law, and has
been a major player in the field since the first days of intellectual
property protection, thanks to Joćo da Gama Cerqueira who
was one of the founders of Cruzeiro Newmarc.
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Strengths and weaknesses
The
Industrial Property Law brought significant advances for autonomous
researchers and businesses, such as a reduction of bureaucracy,
adoption of the "industrial design" register, and adherence
to international standards. But there are still a few flaws
that allow margins for interpretation and hinder some of the
processes in the National Institute of Industrial Property
(INPI).
Businessmen
and scientists' view of the law
Unfortunately,
businessmen and scientists only began to pay attention to
protection of trademarks and patents during the opening of
the Brazilian market in 1990. Competition increased and forced
them to make the necessary registries in order to eliminate
unfair competition. "The law has brought many benefits
for those who try to act within the rules of the market",
says José Eduardo Moreira Marmo, an executive at Papaiz
Ltd. and client of Cruzerio Newmarc.
The
economic impact on different sectors
The
automotive, chemical, electronics, footwear and brand-name
clothing industries are the ones that suffer the most from
knock-offs, but they are also the biggest beneficiaries of
the Industrial Property Law. No other sector, however, has
been affected as greatly as the pharmaceutical industry.
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Rosa
Maria Harada Mirra,
lawyer at Cruzeiro Newmarc, deals with INPI
interventions in technology transfer contracts. This intervention
began during the 70s to fight eventual abuses on the part
of technology exporters. If, on the one hand, Law 9279/1996
appears to have abandoned this interventionist character,
on the other hand it continues to make unreasonable demands
regarding the subject.
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Regus
Patoff and his adventures!
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CRUZEIRO/NEWMARC
Intellectual Property:
Av.Paulista, 1499, 18o. andar, CEP 01311-928, São Paulo
- SP, Brasil, e-mail cruzeiro@newmarc.com.br,
tel: +55 11 3170-1122, fax: +55 11 3170-1120.
Production: Litera Relacionamento com Imprensa, e-mail
litera@litera.com.br, tel. 55 (11) 3673-7270.
Managing Editor: Maria Luiza Paiva.
Editorial Councelors: Newton Silveira, Wilson Silveira, Marcelo
Conrado Silveira and Eduardo Conrado Silveira.
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