Firm / Organisation

Montaury Pimenta, Machado & Vieira de Mello

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This content is provided by Montaury Pimenta, Machado & Vieira de Mello.

Senior Partners: Luiz Edgard Montaury Pimenta, Eduardo Machado, Roberto Vieira de Mello, Ricardo Vieira de Mello
Number of partners: 35
English, French, German, Portuguese, Spanish and Swedish

Firm Overview:
Montaury Pimenta, Machado & Vieira de Mello, a global IP law firm, was formed in 2010 when two of the leading Brazilian IP firms joined forces: Montaury Pimenta, founded in 1939 and Vieira de Mello, founded in 1929. The firm brings together highly experienced and capable attorneys, patent attorneys, engineers, industrial property agents and paralegals practicing in the field of Intellectual Property law. The firm provides advice across all aspects of IP Rights, as well as in related areas. The firm´s services include strategic advice, legal analysis, searches, registrations, the filing of oppositions, administrative and judicial disputes, as well as the drafting of franchise contracts and the transfer of technology. The firm also aids in the process of negotiating settlements as well as taking actions before both national and international arbitration chambers. Besides protecting IP assets and businesses relating to these property rights, the firm is particularly involved in patent matters, including patent preparation and prosecution, freedom-to-operate and infringement opinions and both domestic and international complex litigation and counseling. Technical specialties include electrical engineering, electronics, mechanical engineering, physics, life sciences and healthcare, biotechnology, chemicals and pharmaceuticals, software and computer sciences, telecommunications and nanotechnology.

Main Areas Of Practice:
The IP litigation department is composed of experienced, specialized and highly committed professionals who provide clients with tailored services in the defense of their intellectual property rights, as well as in the areas of digital law, unfair competition, and advertising law. The firm works based on four principles: Agility, Ethics, Commitment and Results. Furthermore, the department well known for its high rate of success, act in a combative manner, treating each case in a unique way whether it is for a legal opinion or in the resolution of legaldisputes.

The firm has expertise to provide the best strategies available for the protection of trademarks, both in the domestic and international markets. The services include: trademark searches; preparing and filing trademark applications; monitoring and advice regarding conflicting marks; tracking the registration process before the BPTO and corresponding international entities; administrative motions including oppositions, replies to oppositions, appeals, compliance with office actions; nullity actions; data alteration before the BPTO and corresponding international entities; renewals; drafting trademark legal opinions.

Patents, Utility Model & Industrial Designs:
The firm has highly trained technical staff and provides reliable, high quality representation at all stages of the patent prosecution process, from the preliminary administrative level to the courtroom (prior art searches; patent analysis, applications and filings; follow-up of prosecution procedure at the BPTO; court actions) and payment of annuities. Furthermore, the team has the expertise to prepare technically precise and visually appealing applications for design registrations that will not only enhance the commercial viability of the product, but will also satisfy the requirements for filing with the BPTO.

Freedom to Operate:
The firm’s patent attorneys have extensive experience providing our clients with crucial information for their FTO searches so that they can evaluate the risks involved in introducing new products to the Brazilian market and minimising the chances of third party rights infringement claims.

Life Science:
The firm is one of the top four Brazilian firms specialised in pharmaceutical patent litigation, especially in the state and federal courts of Rio de Janeiro and Sao Paulo. The patent team is composed of experts in the prosecution and enforcement of pharmaceutical and biotechnology patents

Plant varieties:
The firm offers consulting services in the specialized field of protection of plant varieties encompassing all phases of the process, from the request of protection for plant varieties with the Ministry of Agriculture, to the issuance of the Plant Variety Protection Certificate, as well as the maintenance of protection through payment of annuities.

Copyright & Software:
The firm provides expert advice on all aspects of copyright law, including protection of computer software and programs, assisting clients in all steps of the process from registration of the copyrights to drafting and negotiating licensing and assignment agreements.

The firm’s attorneys have broad and diverse expertise in preparing and negotiating contracts pertaining to IP portfolios, as well as the tax and labour laws which impact IP rights, thereby providing clients with an advantage in all stages of consultation and preparation of the documentation required for registration at the BPTO.

Advertising & Marketing Law:
The firm has skilled and experienced professionals in the preparation of contracts and other documents related to advertising and marketing activity; legal analysis of advertising campaigns to ensure compliance with applicable regulations and potential conflicts with the rights of third parties; drafting regulations for cultural competitions, sales promotions, loyalty, and incentive programs.

Digital Law:
The firm is highly specialised in assisting clients in all questions related to internet law and rights, including civil responsibility of service providers, data privacy; copyrights, trademarks, sponsored links, trade-dress protection of websites and domain name disputes through the UDRP and Brazilian SACI- ADM proceedings.
Anti-Piracy Programs
The firm is committed to preventing illicit products from entering the Brazilian market and has a team of specialised professionals with the necessary experience and expertise to enforce the law and fight counterfeit goods at all points of the cycle including: identification of sales and stocking spots; locating manufacturers of counterfeit products; monitoring websites and classified electronics online; representing clients before customs offices all over Brazil; and taking action in the courts to cease the infringement.

Geographical or Origin Indications
The firm has experienced professionals who specialise in applications for the recognition of geographical indications of origin at the BPTO.

International Work:
The firm has partnerships worldwide, enabling it to act in the protection and defense of IP rights abroad.

Clients include internationally recognized companies from diverse industries such as: Chemical, Biological, Pharmaceuticals, Electronics, Telecommunications, Mechanical, Internet, Services, education, Medical services, Entertainment, Restaurant and Hotels, Financial Services, Cosmetics, Fashion, Software