Key points
- Distinguish trade marks, works and permissions; each requires its own review.
- Check ownership and contractual scope before reusing content or licensing assets.
- Maintain a registration-specific calendar and evidence of authorised uses.
Identify assets and owners
A business may use names, logos, photographs, texts, software and other materials originating from different sources. The inventory should identify each item, its creator, the recorded owner and the document authorising its use. It is also useful to record where it is published and which departments depend on it.
The Federal Law for the Protection of Industrial Property connects exclusive use of a trade mark with registration at IMPI. The Federal Copyright Law protects works from fixation, without making recognition conditional on registration. These are distinct regimes; a trade mark file does not, by itself, settle the rights in every item of content used by the business. [1] [2]
Contracts with suppliers and contributors
For copyright, Article 30 requires assignments of economic rights and licences to be in writing. Commissioned works and works created in an employment relationship also have their own rules. The review should identify the applicable circumstances and existing agreement, without assuming that every payment transfers all rights. [2]
Content administration requires clarity on permitted uses, media, duration, territory and the ability to modify or reuse material. The contract and schedules should connect those terms to the delivered materials. An editable file, an invoice and an exploitation licence perform different functions within the records.
Registrations, declarations and a monitoring calendar
Article 233 regulates the declaration of actual and effective use of trade marks during the three months following the third anniversary of the grant of registration. Its application must be checked against the transitional regime: registrations predating 10 August 2018 are treated differently for that declaration. [1]
A useful calendar starts from each registration certificate and its date, rather than combining different obligations into a single expiry alert. It can connect the registration, goods or services, renewals, declarations, ownership changes and responsible personnel. Keeping acknowledgements and decisions distinguishes an initiated application from a completed step.
Usage controls and available evidence
Before launching a campaign or updating a catalogue, it is useful to compare the materials against the documented rights. The review may identify expired licences, uses outside the authorised scope or materials of unclear origin. These discrepancies should be resolved before distribution expands or use by third parties is authorised.
If another party's use requires assessment, the publication, date, location and related material should be preserved without altering their context. That file assists evaluation of ownership, scope and potential measures. Continuing management connects registrations and contracts with how the business actually uses its assets.
Sources consulted
- Federal Law for the Protection of Industrial Property Articles 170 and 233; eleventh transitional article of the enacting decree published on 1 July 2020.
- Federal Copyright Law Articles 5, 30, 83, 83 bis and 84.
General information. Application to a particular matter requires assessment of its circumstances and the provisions in force.
