Who doesn't remember the pirated cassette tapes and CDs that dominated street vendors' stalls? Then came the "gatonets" and, more recently, illegal streaming services. Last year, an operation by the Ministry of Justice and Public Security removed 675 websites and 14 apps with illegal content.
Now it's the turn of deepfakes—videos created by artificial intelligence capable of reproducing faces and voices with stunning realism. The format changes, but the logic remains the same: each technological advancement brings new forms of intellectual property, copyright, and property rights violations.
Deepfakes: Technological advancement brings new forms of intellectual property violation
This scenario increases the challenges for trademark and patent offices, which are responsible for providing registrations and monitoring the market to ensure there is no misuse of their clients' intellectual property (IP).
“When there are violations of IP rights, it is not always possible to resolve them without the mediation of the courts,” explains attorney Karen Sinnema, partner at the Sinnema Barbosa law firm, which specializes in legal advice on intellectual property.
According to her, the first step to protecting yourself is registering your trademark, although this isn't always the case given the lack of a consolidated culture of this in Brazil. Once registered, frequent monitoring is required and, often, legal action is taken.
"Registration alone does not guarantee that IP rights will be respected. After this step, specialized intellectual property offices constantly monitor any potential misuse of the trademark by third parties. When they identify any irregularity, they contact specialized legal staff to take appropriate action, whether to prevent litigation or, if necessary, seek a judicial solution," says the expert.
Attorney Renata Mendonça Barbosa, also a partner at Sinnema Barbosa, emphasizes that specialized IP legal counsel identifies, in each case, the ideal legal approach to combat fraudulent practices and seek compensation for damages. This work and support require specialized legal services from intellectual or industrial property companies.
“These are complex cases, from a legal perspective, which can involve dozens or hundreds of pieces of evidence and take years to process through the courts, but which have a high chance of victory,” argues the professional.
Karen Sinnema and Renata Mendonça Barbosa, partners at Sinnema Barbosa
The Sinnema Barbosa law firm team lists five steps to protect your brand and intellectual property against fraud and piracy:
- Register the trademark – is the first step to guarantee exclusivity in use and legal protection.
- Monitor misuse – constantly monitor websites, social networks and domains to identify irregular appropriations.
- Count on specialized legal advice in IP – Law professionals specializing in intellectual property provide guidance on preventive and corrective measures.
- Act quickly in case of fraud – notify and negotiate with the authors or even take legal action to avoid further damage, under the guidance of specialized IP lawyers.
- Keep documentation up to date – keep usage records, contracts and evidence to strengthen your legal defense.
The professionals emphasize that Brazil has seen a significant increase in the demand for legal protection in response to constant violations linked to the improper use of image, trademarks, patents and industrial property.
In 2024, trademark registration applications grew by approximately 10,3% compared to 2023, totaling approximately 444.037 applications. The data comes from the National Institute of Intellectual Property (INPI). These figures follow a global trend: the number of active trademark registrations worldwide increased by approximately 6,4% in 2023, compared to 2022.
SOME RECURRING SITUATIONS
According to Renata Mendonça Barbosa, an increasingly common situation in these digital times is the misappropriation of website domains and profile names (the "at" symbols) on social media platforms like Instagram. When a name or trademark is registered, the exclusive right to use it to identify profiles and addresses on the internet is acquired.
Practice has nonetheless revealed subterfuges by fraudsters of these rights. The use of the same name, including only a different symbol, or even similar names, is common, which harms the true trademark owner.
"We've had clients who encountered eight 'at' symbols similar to their company name, which was diverting traffic to the real brand," notes Renata. She explains that because the client already had the trademark registered, it was possible to provide legal support and enforce their rights by removing the 'at' symbols that were misused from their registered trademark.
Karen Sinnema cites instances of copyright registration even over one's own face as a form of protection against image misuse. "It's an increasingly common practice among artists and public figures around the world," she emphasizes.
The appropriation of product and solution patents, and names and brands, harms businesses economically, as well as their identity and reputation.
According to Sinnema Barbosa lawyers, trademark and patent offices typically adopt strategic approaches to ensure the preservation of trademark use and exclusivity. Below, we describe each of these steps and how legal counsel operates at each stage.
- Monitoring trademark use at INPI
Every week, the National Institute of Industrial Property (INPI) publishes the Industrial Property Magazine (RPI), which lists new registration applications and administrative decisions. Constant monitoring of this publication is crucial to identify similar registration applications or trademark misuse. During this phase, legal counsel analyzes potential risks and, if necessary, provides guidance on administrative opposition to the application, preventing a conflicting trademark from being registered.
- First attempt: amicable agreement
When trademark misuse is detected, the recommended first step is an extrajudicial notification. This formal document notifies the offender and seeks an amicable solution—often sufficient to stop the misuse without resorting to the courts. Legal counsel drafts and sends the notification strategically, ensuring clarity, security, and legal force.
- When dialogue doesn't solve anything: legal action
If the infringer fails to stop the misuse, the trademark owner may seek legal action. At this stage, legal counsel is essential to formulate the appropriate request, which may include refraining from use, invalidating the improper registration, and protecting against unfair competition. The goal is to stop the infringement and protect the trademark's exclusivity.
- Compensation for damages
In addition to preventing misuse, the trademark owner can also seek compensation for material and moral damages if they have suffered losses. Legal counsel is responsible for gathering evidence, quantifying the damages, and conducting the action to ensure full compensation for the losses caused.
