Who doesn't remember the pirated cassette tapes and CDs that dominated street vendor stalls? Then came the "gatonets" (illegal cable TV services) 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 irregular content.
Now it's the turn of deepfakes — videos created by artificial intelligence capable of reproducing faces and voices with impressive realism. The format changes, but the logic is the same: each technological advance brings new forms of violation of intellectual property, copyright, and patrimonial rights.
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 infringements of intellectual property rights, it is not always possible to resolve them without the intervention of the courts,” explains lawyer Karen Sinnema, partner at the law firm Sinnema Barbosa, which specializes in legal advice on intellectual property.
According to her, the first step to protect oneself is trademark registration, although this doesn't always happen, given the lack of a consolidated culture in this regard in Brazil. Once registered, frequent monitoring is necessary and, often, legal action is required.
“Registration is not, in itself, a guarantee that intellectual property rights will be respected. After this step, specialized intellectual property law firms constantly monitor any potential misuse of the trademark by third parties. When they identify any irregularity, they activate their specialized legal team to take appropriate measures, either to prevent litigation or, if necessary, to seek a judicial solution,” says the expert.
Attorney Renata Mendonça Barbosa, also a partner at Sinnema Barbosa, emphasizes that specialized legal counsel in IP identifies, in each case, the legal and ideal way to combat fraudulent practices and seek compensation for damages. This work and monitoring require intellectual or industrial property companies to hire specialized legal services.
"These are complex processes, from a legal standpoint, that can involve dozens or hundreds of pieces of evidence and take years to proceed through the courts, but they have a high chance of success," 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:
- Registering the trademark is the first step to guaranteeing exclusive use and legal protection.
- Monitor misuse – constantly track websites, social media, and domains to identify unauthorized appropriations.
- Having specialized legal counsel in IP – legal professionals specializing in intellectual property provide guidance on preventive and corrective measures.
- Act quickly in case of fraud – notify and negotiate with the perpetrators or even take legal action to prevent further damage, under the guidance of specialized IP law counsel.
- Keep your 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 related to the misuse of image rights, trademarks, patents, and industrial property.
In 2024, trademark registration applications grew by approximately 10.3% compared to 2023, totaling around 444,037 applications. The data comes from the National Institute of Industrial Property (INPI). The numbers 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, a situation that is becoming increasingly common in the digital age is the misappropriation of website domains and usernames (the "@" symbols) of profiles on social networks like Instagram. When a name or brand is registered, exclusive rights are acquired to use it as identification for profiles and addresses on the internet.
Practice has shown, however, that fraudulent trademark holders use subterfuge to infringe upon these rights. The use of the same name, including only a different symbol, or even similar names, is common, which harms the true owner of the trademark.
“We’ve had clients who encountered eight ‘at signs’ similar to the company name, which was diverting traffic away from the real brand,” notes Renata. She explains that, since the client already had the trademark registered, it was possible to provide legal support and enforce their rights by removing the ‘at signs’ that were improperly using their registered trademark.
Karen Sinnema cites cases of copyright registration even on one's own face, as a form of protection against the misuse of one's image. "It's an increasingly common practice among artists and public figures worldwide," she emphasizes.
The appropriation of product and solution patents, as well as names and trademarks, economically harms businesses, and damages their identity and reputation.
According to the lawyers at Sinnema Barbosa, there are strategic approaches that trademark and patent offices typically adopt to ensure that the use and exclusivity of a brand are preserved. Below is a list of each of these steps and how legal counsel acts at each stage.
- Monitoring trademark usage at INPI (Brazilian National Institute of Industrial Property)
Every week, the National Institute of Industrial Property (INPI) publishes the Industrial Property Journal (RPI), which contains new registration applications and administrative decisions. Constant monitoring of this publication is crucial for identifying similar registration applications or trademark misuse. At this stage, legal counsel analyzes potential risks and, if necessary, provides guidance on administrative opposition to the application, preventing the registration of a conflicting trademark.
- First attempt: amicable agreement
When trademark infringement is detected, the first recommended step is an extrajudicial notification. This formal document informs the infringer and seeks an amicable solution—often sufficient to cease the infringement without resorting to the courts. Legal counsel drafts and sends the notification strategically, ensuring clarity, security, and legal force to the communication.
- When dialogue fails: legal action.
If the infringer does not stop the improper use, the trademark holder can resort to legal action. At this stage, the lawyer's role is essential to formulate the appropriate request, which may include an injunction against use, annulment of improper registration, and protection against unfair competition. The goal is to stop the infringement and safeguard the exclusivity of the trademark.
- Compensation for damages
In addition to preventing misuse, the trademark holder can also seek compensation for material and moral damages if they have suffered losses. Legal counsel is responsible for gathering evidence, quantifying damages, and conducting the legal action in a way that guarantees full compensation for the losses caused.
