Edition: 199 | Month: November | December | Year: 2025
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Editor note’s
By Laetitia d’Hanens, Maitê Cecilia Fabbri Moro and Ana Carolina Cagnoni
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Trademarks and acquired distinctiveness: The role of the Brazilian BPTO in the institutionalization of Secondary Meaning
By Gabriela Mendonça Moura
This article aims to analyze the Secondary Meaning institute and its application in Brazilian law. The study sets forth the parameters under which a trademark composed of a generic, descriptive, or suggestive term – pursuant to Section 124, II and VI, of the Brazilian Industrial Property Law (Law No. 9,279/96) – may acquire sufficient distinctiveness to enable its protection through registration before the Brazilian Patent and Trademark Office (INPI). Judicial decisions are examined to identify the criteria applied by Brazilian courts in recognizing Secondary Meaning. The article also analyzes a recent initiative by the INPI establishing an administrative procedure for the recognition of acquired distinctiveness. It concludes that formalizing this mechanism, if accompanied by clear technical criteria consistent with judicial precedents, may consolidate the doctrine, align the Brazilian system with international best practices, and enhance legal certainty in trademark protection.
Keywords: Intellectual Property. Trademark. Secondary Meaning. Distinctiveness.
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Originality analysis method for industrial designs
By Adriano Marcelo Gazzola Bedin, Rodrigo Perozzo Noll and Erik Schüler
The ornamental characteristics of industrial products are crucial for attracting and seducing consumers, providing a competitive advantage that requires protection through an industrial design registration with the INPI (Brazilian Institute of Industrial Property), which requires originality to be valid. This requirement is difficult to verify because it involves determining how different a shape must be from previous designs to be distinctive. This article presents a method for analyzing originality in designs, which can be applied to assessing the registrability of new designs and detecting counterfeiting through imitation of the shape protected. To this end, it adopts a qualitative approach to the problem, using bibliographic research as a technique for exploratory purposes. The dialectical argumentative method is employed to select, among the different existing positions, those considered most appropriate for constructing the originality assessment method. Furthermore, it presents a multidisciplinary approach, adopting concepts from the psychology of form perception.
Keywords: Design. Originality. Evaluation. Registrability. Counterfeiting.
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The Central Office of Collection and Distribution (ECAD) and the Associations: The limitations of ECAD as a collection agency and the need for an agency for the protection of culture
By Rosimeire Bretanha Santos
This article investigates the performance of the Central Office of Collection and Distribution (ECAD) in the light of its legal nature, proposing a reflection on its legitimacy and limitations as a collection agency. The research was conducted through documentary and bibliographic analysis, especially with the examination of 144 minutes of general meetings between 2014 and 2024. The study identifies the indices of deliberations on collection, distribution, and investments in infrastructure, correlating them with the economic and social impacts on the cultural sector. Finally, it exposes the importance of creating a Regulatory Agency, which can supervise the actions of both ECAD and associations, briefly presenting what would be the benefits of maintaining a specific Public Administration wing, directing resources in departments dedicated to investigating the actions of such entities and how this can impact the promotion of jobs leveraging the nation in the cultural and economic sector.
Keywords: ECAD. Collective management. Copyright. Collection. Culture.
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Domain name levy: possibility, legal implications and effectiveness
By Fernanda Marquerie Gebara and Luiz Guilherme Magalhães Silva
This article examines the possibility, legal implications, and effectiveness of the levy/judicial seizure of a domain name, exploring the concept and nature of the asset under review, particularly with regard to its expression as an element of intellectual property used for business purposes, and its correlation with subrogatory means of enforcing judgments.
Keywords: Domain name. Levy. Possibility. Effectiveness. Distinctive sign of business activity.
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Anti-counterfeiting and Intellectual Property Law Enforcement in Japan
By Ayato SAKAKI
In 2024, Japan saw a record high in customs seizures of counterfeit goods, with approximately 33,000 cases involving 1.3 million items. To combat this escalating problem, Japan is implementing a multifaceted anti counterfeiting strategy involving collaborative efforts among the Japan Patent Office (JPO) – responsible for patents, utility models, designs, and trademarks –, enforcement agencies (such as customs and police), and private-sector organisations. This note outlines the current state of counterfeiting in Japan, focusing on customs enforcement and the JPO’s collaborative anti-counterfeit initiatives.
Keywords: Trademark. Enforcement. Counterfeit. Customs. Japan.
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AIPPI resolutions
Resolutions adopted on September 16, 2025
AIPPI World Congress 2025 Yokohama – Japan
