INTELLECTUAL PROPERTY

The firm advises clients on issues related to trademarks, brands, franchises, copyright law, domain names, industrial design, know-how, business secrets, software and the internet, unfair competition, e-commerce, corporate name disputes, trade dress, biotechnology, cultivation, access to genetic heritage (CGen) as well as all related areas, including applications and protective measures for those intangible assets.

It represents clients in judicial and extrajudicial disputes, contracts, licensing and partnerships and all related negotiations, and assists them in matters related to the recording and audiovisual industry, events, online content providers, TV broadcasters, advertising agencies, and recording and editing studios.

The team also provides assistance in activities that demand multidisciplinary expertise involving copyrights, image and voice rights, sponsorships, advertisements and branded entertainment. Finally, it assists advertising agencies in branding and naming projects, while encompassing full legal advice in their negotiations and contracts.

“Recognised partner Leticia Provedel is acknowledged for the strength of her practice related to copyright law in connection with the entertainment, cosmetics and technology sectors. She offers dynamic assistance that also encompasses trade mark prosecution and enforcement and IP litigation” (Chambers and Partners).

“Souto Correa ‘consistently excellent and timely service at a fair price’. It recently expanded its IP team with the hire of new associates and patent consultants, and it also picked up a number of new clients. Leticia Provedel heads the practice and is recommended” (Legal 500).

Recent representations:

• Successful representation of a subsidiary of a Chinese ride-sharing, artificial intelligence and autonomous technology conglomerate against a preliminary injunction request made by its biggest competitor aiming to halt a vast marketing campaign on pricing comparison.

• Successful representation of the same client before the Brazilian Advertising Self-Regulation Council in order to keep several promotion campaigns running.

• Additional assistance to the same client in routine activities such as drafting, negotiating and revising complex IP related agreements; conduction of Freedom to Operate opinions on new products and technologies; full management of its trademark portfolio in Brazil; counselling for prosecution and advising on enforcement and strategic IP issues.

• Secured favourable decision to one of the world’s biggest underwear companies and its distributor in Brazil against the biggest Brazilian underwear retailer for unfair competition and copyright infringement for copying the clients’ underwear line of products.

• Annulment of third-party registrations granted in violation of the client’s (world’s largest cooperative financial institution) copyrights and trademarks, also being responsible for several IP enforcement measures.

• Advice to a privately-held financial, software, data, and media American company on several matters related to Ancine regulations, the Brazilian Pay TV law, and related to agreements with local Pay TV distributors.

• Representation of a French multinational chain of personal care and beauty stores in a complex litigation against a local cosmetics retailer for involving trademark violation and unfair competition.

• Representation of several Brazilian and Foreign A-list artists and celebrities in several trademark projects; drafting, reviewing and negotiating assorted IP-related agreements; succession planning, negotiation and revision of agreements with major record labels and publishers, etc.