In an important decision for the field of intellectual property, Heinz-Hemmer, represented by Ritter Advogados, prevailed in the judicial dispute over ownership of the Industrial Design registration (INPI | BR 30 2016 002598) covering the bottles of its well-known mustard and ketchup product lines.

The judgment, issued by the 1st Federal Court of Blumenau, Santa Catarina, dismissed the claim brought by Eco Brasil Indústria e Representação Comercial Eireli, which sought either the nullity of the Industrial Design registration or its transfer to the company.

Eco Brasil argued that it had directly participated in the creation of the bottle design and therefore claimed that Heinz-Hemmer’s registration before the Brazilian Patent and Trademark Office (INPI) had been improperly obtained.

However, Federal Judge Leandro Paulo Cypriani concluded that the development of the design took place within the scope of the contractual relationship established between the parties, and that creative responsibility and ownership of the registration legitimately belonged to Heinz-Hemmer, as permitted under Articles 88 and 121 of the Brazilian Industrial Property Law (Law No. 9,279/96).

In short, the court recognized that the bottle design creation process was directly related to the services contracted from Eco Brasil, confirming that Heinz-Hemmer acted properly in registering the Industrial Design in its own name. The judgment further concluded that there had been no irregularity in the registration grant process conducted by INPI, thereby upholding Heinz-Hemmer’s rights over the design.

The decision represents a significant victory for Heinz-Hemmer and reinforces the importance of respecting contractual arrangements and protecting intellectual property rights, while highlighting the value of exclusive creations in the business environment.

The ruling also sets an important precedent for future disputes involving industrial design registrations in Brazil.

Sources: https://www.migalhas.com.br/quentes/414858/empresa-nao-consegue-anular-registro-de-frasco-da-heinz-hemmer