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PRACTICE AREA

IP PROSECUTION

Licks Attorneys stands out in this area. Our team of patent litigators, known as one of the most acclaimed in Brazil, provides high-quality client services. From first filing an application, to the last appeal and post-grant opposition, we make sure we offer the best legal support and strategic counseling according to each client’s need.

Our goal is to always seek the most extensive patent protection possible for our clients – taking IP rights to a higher level in the country. We are analytical, anticipate potential barriers and have the proven expertise to maximize the availability of strong and enforceable patent rights.

Experienced both academically and practically in the US and Europe, our partners understand the similarities and differences of claim drafting and interpretation in different countries. Our technical team also handles matters in areas such as chemistry, biotechnology, pharmaceuticals, mechanics, electronics and telecommunications.

When it comes to foreign clients, we offer cost-effective translation of documents into Portuguese (Brazil’s national language). Also, our prosecution team is fully integrated with our licensing and litigation areas. Licks Attorneys is able to offer a complete range of services concerning acquisition, enforcement and licensing of patent rights in Brazil.

In this highly competitive market it is of the utmost importance to understand our clients’ businesses and the relevance of a strong trademark protection to preserve the reputation and distinctiveness of their products and services.

Licks Attorneys has assembled a team of the most experienced trademark lawyers in the country and offers a full range of services from search to appeals, including the protection of domain names, trade names and defense of every aspect of our client’s marks before BPTO and courts.

Also, our client-driven approach allows us to think strategically in every issue and to develop sound enforcement strategies. We assist our clients in a variety of matters ranging from sending and responding to cease and desist letters to licensing the trademark or litigating up to the higher courts.

Brazilian Copyright Law protects a wide range of intellectual works. That includes artistic, scientific, literary, theatrical, musical, visual, audio-visual works and so on. Moreover, software is also protected by copyright in Brazil. The importance of copyright protection has been elevated to unprecedented levels in IP history with the growing relevance of information based companies and a variety of industries such as software, media and entertainment.

Licks Attorneys offers comprehensive copyright counseling and litigation services to assure our clients the adequate protection in every situation. Our team is prepared to give assistance in any copyright-related matter, from advice on the protection, licensing and registration to counseling regarding complex technology-based copyright issues – such as software and internet application for copyright licensing and enforcement.

We are ready to assist our clients in order to secure the most extensive possible protection where only copyright is available and where the law allows it to be used alongside rights such as trademarks and the protection against unfair competition.

The intellectual property right in Brazil, when it comes to plant variety, is obtainable through a grant of the so-called Plant Variety Protection Certificate and regulated by Law #9,456. In fact, this grant gives the right to stop free use of plants, reproduction of parts or vegetative propagation. Therefore, this sui generis protection model promotes continuous investment in the costly process of plant breeding.

With a deep knowledge of such characteristics, Licks Attorneys has assembled an experienced staff (several consultants have decades of practice). We are able to fully assist plant breeders from around the world that seek protection for their plant variety in Brazil.

Our policy on procurement of translations

Licks Attorneys believes that the language of technology is universal and that our focus must be on providing the best possible service to our clients when it comes to counseling, filing, prosecuting and so on. Our experience, as one of the most acclaimed teams of IP and Food and Drug litigators in Brazil, guides our prosecution work – based on the capacity to see ahead, anticipate problems and maximize the availability of strong and enforceable rights. Also, our partners have academic and practical experience in the US and Europe, and they understand the similarities and differences of claim drafting in different countries.

That being said, we should mention that we do recognize the importance of priority documents translated into Portuguese (Brazil’s national language), as well as drafting claims in accordance with Brazilian legislation. Furthermore, translation is key to the enablement, written description, doctrine of equivalents and many other relevant issues.

Nevertheless, we acknowledge the developments in the international patent system, such as those arising from the London Protocol of 2000. We agree that overestimating the importance of translations can be counterproductive and excessively expensive. So our goal is to work with our clients to find the best cost-effective ways to deal with translation requirements.
That is why our services are competitively priced and organized in a way that our clients know beforehand the exact amount that will be charged for each filing. Accordingly, the amount of work to be spent on each application is determined by the client’s instructions, according to the following categories:

Standard applications: demanding a regular amount of work.
Important applications: requiring a closer analysis to increase the chances of strong protection in Brazil or to deal with specific issues identified by the client.

Strategic applications: covering sensitive products, blockbusters or complex matters, which require specific procedures.

Our priority is our clients’ protection in Brazilian territory and we know it goes way beyond language.

Visual aspects are considered an important marketing tool, awakening the buyer’s desire for the product. The industrial design registration protects its design, i.e. the commercial identity of a new product, adding value to this product, be it a pair of sneakers, the packaging, a car, household goods, in short, any consumer goods.

The industrial design registration provides its owner the right to prevent third parties from, without his consent, producing, selling, using or importing a product that has the same design.

Licks Attorneys also stands out in this area, as we offer the best legal support and strategic counseling according to each client´s needs.

Our prosecution team provides high-quality client services, from the filing of an application to the post-grant opposition. Working together with our litigation team, we are known for our outstanding litigation practice with top rate of injunctions granted in infringement cases.