Copyright Laws

Copyright laws in Brazil have been undergoing various changes in recent months and business owners will need to be careful when undertaking transactions and developing products in this country, as being compliant to patent and copyright law is imperative.

A Brazilian law firm can help ensure that a business owner is able to follow all regulations and avoid copyright infringement in case another company produces similar products.

The publication Entertainment Law reported that the Copyright Act was undergoing reforms this fall when Ana de Hollanda stepped down from the Brazilian Minister of Culture position. The new Copyright Act is still currently undergoing the approval process. The bill must be approved by both the Ministry of Culture and the Ministry of Civil Affairs.

Business owners who partner with a Brazilian law firm will be able to copyright any intellectual property they have developed, whether it is a book, software product, baked goods or even a song. When a company is located in the U.S. and opening up a facility in Brazil, it is vital to understand the copyright laws of both countries.

Products that are copyrighted in only one country may have trouble containing the same rights internationally, so patenting products globally may be more beneficial for businesses. A Brazilian attorney can help an executive or manager develop burdens of proof within their copyright license so that no other company is able to steal one’s ideas and benefit from stolen products, services or work processes.

By working with law firms in Brazil, U.S.-based companies can gain the expertise of attorneys who have represented foreign clients in the past. In case of a patent infringement, these lawyers are able to develop a plan of action to support their client’s needs.

New Android-powered iPhone may pose legal risks for Brazilian company

U.S. business owners may have heard about the major legal disputes going on between Samsung and Apple, with both companies developing mobile phones and allegedly infringing on each other’s patents. A similar intellectual property case may be in the works in Brazil if a company goes through with its plans for an Android-powered iPhone.

IGB Electronica SA, a Brazilian electronics maker, is currently in the process of developing this type of mobile technology, according to Techno Buffalo. In the past, the company applied for but was not awarded a patent trademark to use the iPhone’s technological aspects in Brazil. Regardless, the new iPhone may be deployed in the coming months, with various problems regarding patent infringement likely to ensue, especially from the Android makers.

The new iPhone Neo One will be using Google’s Android operating system, according to online publication The Verge. Apple is looking to expand its services and manufacturing in Brazil and is undertaking routes to handle the high importing tax in order to bring electronics to the country.

“IGB indeed sought to obtain an iPhone trademark back in 2000 but met stiff resistance in its attempt to do so. Apple would later file for the iPhone brand in 2006, ahead of the first model’s launch, and was granted the trademark,” the source stated. “Whether Apple deems IGB’s new Android device to be worthy of its legal team’s attention is another matter.”

Foreign businesses attempting to conduct transactions in Brazil as well as produce new products or manufacturing centers will need to be prepared for intellectual property compliance. With the help of a Brazilian lawyer from an experienced business-centered Brazilian law firm, companies will be able to avoid such cases as well as represent themselves in patent infringement lawsuits.

Business Mergers

Business mergers in Brazil are becoming more common and a Brazilian law firm can provide the necessary information and legal representation for both parties that are committing to a transaction of property, business merger or acquisition.

A report from the research firm pWC shows that 746 merger transactions took place in 2011 within Brazil’s territory. While this did not surpass previous numbers, it did illustrate a significant stronghold in business development and expansion throughout the country.

In fact, the largest number of transactions took place in December of 2011, which means there may be overlap at the end of 2012 with regard to merger and acquisition activity. A press release dispensed by glendonTodd Capital LLC, a private equity firm, announced that Aztec Systems, Inc. – an IT outsourcing provider – and Toutatis Client Services – a technology company – have formed a merger.

This merger has formed an international business process and IT outsourcing company and the complete sharing of assets will take place within the first quarter of 2013. This merger is the perfect example of foreign businesses based in the United States that open up facilities in Brazil.

“TAS will offer a robust platform of complementary information technology and business process outsourcing services to middle market and multinational companies throughout the Americas. The company has a unique opportunity to capture … market demand by enhancing its scope of product offerings and geographic footprint. Our platform will give customers geographic coverage, international management capabilities and significant operations expertise,” Todd Furniss, CEO and Managing Partner of glendonTodd, said in the company press release.

By working with a Brazilian attorney, businesses based in North America will be able to gain advantages necessary to expand their services into Brazil.

Brazilian Commercial Law

Companies attempting to develop mergers or incorporations in Brazil will need to follow the business laws of this country, which may be why speaking with a knowledgeable attorney at a Brazilian law firm could be beneficial.

Brazilian commercial law identifies a wide number of business entities that can be established in this country legally. While some may be similar or even identical to the ones offered in the United States and European countries, others are more geared toward Brazilian culture.

The types of business entities that may be established in Brazil include general partnership, limited partnership, limited liability company, corporation, limited corporate partnership and other types of company establishments.

The Economist reported that Brazil may be a more challenging country to develop company relations, but a new law has been established to allow business owners to create a single-holder limited-liability firm.

“It was quick and easy because I didn’t have to hunt for a partner,” Taise Litholdo, an architect, told the source regarding the new law and his ability to form a business.

This new law, which was initiated in January 2012, has brought more capabilities and simplified business owners’ lives. Before this legislation took hold, in order to open up a small business in Brazil, professionals needed at least two partners. By complying with this requirement, business owners were able to open a limited-liability company.

Foreign investors and business executives attempting to conduct transactions, mergers or acquisitions in Brazil should consider consulting a Brazilian attorney specializing in business developments and expansions.

Additionally, law firms in Brazil can provide firms with quality legal representation when a dispute or lawsuit arises.

Internet Laws Changes

Businesses working in Brazil and negotiating contracts and transactions will need to follow the laws of the land. The Brazilian legal system incorporates differing legislation from that of the United States or other countries, as it is partially based on the history and culture of a different nation. In order to gain more consumers, companies today are moving toward internet-based marketing and utilizing cost-effective ways of social media networking.

However, there are various laws that govern the Internet in Brazil as well as other countries. The Brazilian government is currently in the midst of proposing and developing an Internet Bill of Rights, according to the Knight Center for Journalism in the Americas.

The vote on the final outcome was postponed at least four times and has been put forth to the Chamber of Deputies on November 13. The biggest problem has been a statement in Article 15 of the bill that states a court order is unnecessary for copyright infringement cases.

This is clearly problematic, as businesses need to ensure their patents and copyrights are protected even in the online world. Another legislation called the Civil Regulatory Framework for the Internet shows basic principles meant to protect the rights and responsibilities of users. It also keeps internet intermediaries, such as social media sites, hosting platforms, blog owners, and internet service providers from being responsible for illegal or duplicated information posted on their page by a user.

American businesses working with Brazil will need to follow all internet laws in order to avoid disputes, accusations or even lawsuits. An experienced, knowledgeable Brazilian attorney working for a law firm in Brazil will be able to provide the necessary expertise for companies that need assistance with internet law.