1. Please summarise the work your firm does and the ways in which you distinguish yourself in the provision of IP advice.

We cover all IP fields: patents, trademarks, industrial designs, copyrights, trade secrets, franchise, domain names, technology transfer, litigation. A more detailed list of services currently provided can be found on our site: www.hugosilva.com/en/. The way in which we distinguish ourselves in the provision of IP advice is through the consideration of – if possible – of all aspects of the questions under analysis and the proposal of distinct strategies to overcome the difficulties and problems of each aspect, with respective advantages and drawbacks.

2. What does your current workflow look like – and what are some of the various IP issues clients are bringing to your attention presently? If possible, please provide a recent case study demonstrating your service offering in emergency management, particularly cases that entailed new challenges.

Our current workflow looks like somewhat sophisticated and voluminous interconnected spreadsheets. IP issues are most diversified. A reasonable portion relates to Patents, Trademarks or Designs prosecution issues in Brazil.

3. IP advocacy can encompass brand protection, copyright and media registration and protection, infringement and investigation, strategy and watch services, IP commercialisation, licensing agreements and disputes, as well as trade secrets and unfair competition. Which of these areas are proving the most active currently, and why do you think this is?

They are: brand protection, investigation, strategy and watch services and unfair competition. We think this is so because the commercialisation and competition became stiffer and with this, efforts to trade had to become stronger originating more conflicts.

4. The IP associated with a business is frequently its most valuable asset and a key differentiator in a competitive market. What are some challenges that arise in safeguarding IP, and how do you deal with them?

The main challenges in safeguarding IP arise from the lack of knowledge of Law, fastness in the action of the Judiciary and its extreme slowness in general.

5. A growing component of IP work relates to IP claims on the internet, including domain name disputes. If applicable, perhaps provide a recent case study / success story demonstrating your expertise in overcoming challenges in this area.

Among several other cases, we had one a couple of years ago wherein someone was abusively using a domain name of one of our clients. We took appropriate measures and in some months we entirely won the case.

6. What challenges and complexities are inherent in enforcing IP on a cross-border scale?

In South and Latin America challenges and complexities arise from the different Laws applicable in each of these countries, distinct judges’ actuation in IP cases due, at least in part, to their lack of legal knowledge and some excessive freedom for illegals to act.

7. How important is due diligence, including market surveys, IP searches, etc, at the beginning of an IP case?

They are of an outmost importance for the definition of assets, conflicts, indemnifications etc.

8. How do you ensure a well-informed advisory scope for clients who are based in other jurisdictions or have operations based overseas? For example, are you especially active in network events such as conferences, wherein information is exchanged among member firms?

We are very much open in general to conferences, webinars etc. of many kinds. Whenever is requested, we assemble special approaches directed to specific events.

9. Are there any new pieces of legislation / updates / trends, in relation to IP, currently underway or on the horizon? How might these affect your work in this area?

Not so many, anyway the surveillance for new Laws and regulation must be permanent.

International Intellectual Property

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