We live in a borderless world in the intellectual field, where minds open to creativity are everywhere and are creating new ideas continuously. Innovation is the fuel of our times!
All this inventiveness boom needs adequate legal protection in order to secure the rights derived from the activity of the intellect and to maximize the creative capacity of our clients.
We take very good care of your ideas. Solid experience, up close and personal assistance, customized solutions – we offer all that and much more while protecting your intangible assets.
We are also ready to provide you with highly specialized services for Personal Data Protection matters in Brazil.
If you need assistance with Intellectual Property or Personal Data Privacy matters in Brazil, please contact:
appitta@pitta-ip.com
BIO
Ana Paula Pitta de Moura
Attorney specialized in Intellectual Property and Personal Data Protection, with more than 20 years of experience at major law firms in Rio de Janeiro, Brazil, and Houston, TX, USA. Active in matters involving prosecution, consultancy, contracts, administrative conflicts and judicial litigation in IP issues.
Active in all matters involving Personal Data Protection, including compliance projects, localization and production of policies and contracts, consultancy and risks evaluation.
Provides legal advice to national and international clients. Extensive exposure to clients in several market segments and global cultures on a professional level.
Licensed in the State Bar of Rio de Janeiro, Brazil.
CIPP/E (Certified Information Privacy Professional/Europe)
Member of International Trademark Association (INTA) and of the International Association of Privacy Professionals (IAPP).
Formerly a member of the Harmonization of Trademark Law and Practice Committee, and of the Alternative Dispute Resolution Committee of INTA.
Academic Background
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Bachelor of Law degree from Pontifícia Universidade Católica do Rio de Janeiro (PUC-Rio)
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Postgraduate degree in Industrial Property Law from Universidade Estadual do Rio de Janeiro (UERJ)
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Postgraduate degree in Civil Procedures Law from Escola Superior de Advocacia da OAB/RJ
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LL.M. in Business Law from Fundação Getúlio Vargas (FGV-RJ)
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Postgraduate degree in Digital Law from Universidade Estadual do Rio de Janeiro (UERJ) and Instituto de Tecnologia e Sociedade (ITS- Rio)
Languages
Portuguese (native), English (fluent), Spanish (advanced level) and French (basic level).
AREAS
OF PRACTICE
Trademarks
We help you to research the availability of your trademarks and to create strategic solutions of legal protection in Brazil and in every continent, through association with dependable firms in other countries, in a “one-stop-shop” concept. We consider the global scenario, taking into consideration the broad range of the legal rules – which include consumer, competition and regulatory laws – as well as the market landscape, in a full-picture perspective, according to your intentions and actual needs. We do the management of your trademark portfolio, making sure that it is never unprotected.
Domain Names
Domain names truly function as trademarks as they serve to identify the source and reliability of goods and services on the internet. In this scenario, disputes involving domain names and trademarks are increasingly common, and need to be managed professionally. If this is your necessity, we have the expertise to resolve this kind of conflict, via the courts as well as through alternative dispute resolution methods carried out by WIPO (World Intellectual Property Organization) and by some national entities. We are also fully equipped to assist in negotiations and elaboration of agreements.
Contracts
One of the most effective ways to protect rights and to ensure the full understanding by all of the parties involved in a negotiation is through the formalization of written contracts. We are prepared to provide excellent assistance both in the negotiation and in the drafting of all types of national and international contracts featuring intangible assets and intellectual rights, such as licensing agreements, transfer and assignment of rights and of technology, exploration licenses, franchising, among others. We also perform the recording of such contracts before INPI as necessary, depending on each case.
Industrial Designs
The appearance of an object or product often represents a critical differentiation in the market. For this reason, it is important to secure adequate legal protection for any original design, plastic or ornamental element developed for specific products, thus safeguarding the right of exclusivity over each aspect, as well as the right to prevent third parties from copying it. Moreover, the registration allows its owner to negotiate the industrial design with third parties, by selling IP rights or by entering into licensing agreements. We are prepared to assist our clients both in obtaining the initial legal protection through the proper registration at the INPI, as well as in the enforcement of the rights, if necessary.
Copyrights
All works produced intellectually, such as art works (paintings, drawings, sculptures), literature, theater, film, photography and other visual works are protected under the Copyright Law. The adequate management of such rights is paramount to guaranteeing an effective legal protection of Copyrights, both in their moral and property aspects. We are ready to debate and discover the best ways to obtain legal coverage for each type of creation, as well as to assist the authors and/or owners in the varied opportunities such works may generate.
Patents
If you have developed an invention that is absolutely novel in its technical area, you should seek legal protection to ensure the benefits granted by the intellectual property system, as well as to obtain proper retribution for your invention. We are ready to assist you with prior art searches, freedom-to-operate evaluations, Patent drafting, PCT filings, national phase of PCT applications in Brazil, with the assistance of technical experts whenever necessary.
Geographical Indications
The institution of geographical indications is broadly established and widespread all over the world, especially in Europe, as an instrument to enhance the value of products, notably food goods and handicrafts. The official recognition of geographical indications by the INPI adds unique value to the product, which represents an important competitive advantage, especially in a country like Brazil, where the agribusiness corresponds to the major portion of the national economy. We provide assistance in the whole process of this recognition, from the constitution of organized entities by the producers, passing through the elaboration of the regulation of use of the geographical indication, up to its effective registration before the INPI to consolidate the legal protection guaranteed to the producers that are part of the registrant entity.
Digital Law, Data Protection, Software and Internet
The ubiquitousness of digital technologies directly affects human and social relations in all aspects. Therefore, this is a very extensive field which incorporates varied areas of Law, and may involve aspects of contractual law, criminal law, copyrights, commercial law, consumer law, financial law and intellectual property, among others.
In fact, existing legislation and legal principles are applicable to issues arising from the interaction with technology, as well as any potential new rules that may be created due to the evolution of technology (such as, for example, the new Data Protection Law, recently enacted in our country).
The production of software for varied purposes has never been so intense and competitive. We help our clients to avoid problems by registering their software at the INPI, developing varied kinds of contracts involving license of use and assignment of computer programs, verifying and acting proactively against possible infringements.
We are likewise prepared to aid our clients in the analysis of any situations arising within the scope of the internet in order to evaluate potential violations to their rights or to third parties´ rights, as well as to act in any measures that may become necessary for the resolution of such matters.
Unfair Competition
In an increasingly competitive market, there are certain practices carried out in the range of intellectual property rights which are mere elusive schemes to deviate the clientele from competitors. Such practices are illegal and should be strongly repressed in order to ensure compliance with the constitutional provisions of protection to free enterprise and fair competition, which are pillars of safeguarding the economy. We are at the disposal of our clients to analyze potential behaviors from other market players that might come to be classified as unfair competition, as well as to take any and all measures of repression to such actions.
Media and Entertainment
Media and Entertainment Law actually encompass several laws, regulations, concepts and peculiarities relative to the creative, cultural and recreational industry sectors. The production chain in media and entertainment requires a broad, complex and interconnected vision of legal, economic, social and cultural aspects. Our interdisciplinary approach enables a comprehensive scope in the assistance of the needs of our clients engaged in this industry.
