Camelier Law Firm organizes INTA roundtable in São Paulo, Brasil.
Mr. Alberto Camelier, senior partner of the Camelier Law Firm, chaired the roundtable of the International Trademark Association held in Sao Paulo, with the theme "The Importance of Specialized Courts for the Defense of Trademarks in Brazil, with Special Focus on the World Cup - Brazil 2014." The guest speakers were Mr. Newton Silveira, a lawyer and professor specializing in intellectual property, and Mr. Erickson Gavazza Marques, an associate justice of the Supreme Court of the State of Sao Paulo.
In his lecture, Mr. Silveira spoke about the Treaty of Nairobi, which establishes rules about the use of the Olympic symbol, and the evolution of Brazilian legislation on distinctive signs related to competitions, such as the Pele Law, which for the first time in Brazil established legal provisions for the protection of soccer clubs’ symbols with no registration requirement, to curb misuse while allowing for the commercial exploitation of the symbols. He also spoke about the General Law of the World Cup, which has brought benefits to the recognition of FIFA´s unique status.
Ambush marketing, a particular concern of the roundtable’s sponsors, was also analyzed by Professor Silveira. According to the speaker, the current Industrial Property Law already has provisions to curb illegal marketing, so that it was unnecessary to repeat them in the General Law of the World Cup.
The important question of the constitutionality of the General Law of the World Cup dominated the debate. Mr. Silveira argued that the tight deadlines provided by the General Law of the World Cup are unconstitutional, as they resemble those in “special tribunals” rather than ordinary courts of law.
In his presentation, Associate Justice Marques argued that it was excessive to release FIFA from having to pay fees for the protection of its symbols because the entity is private and for profit, so that this privilege should not be granted by the General Law of the World Cup. He also laid out the pros and cons of creating a special court for trademarks in Brazil.
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