Vaz e Dias Advogados & Associados

José Carlos Vaz e Dias

PhD/LLM Kent – England

Attorney at law specialized on patent, trademark matters and foreign investment law since 1993. His activities are focused on the legal support and consulting to foreign companies that want to invest in Brazil, especially in the technology fields. He works on trademark prosecution and patent and trademark litigation, and various matters related to foreign exchange control laws, technology transfer and taxation matters applicable to the inflow of technology and investments.

He holds a great knowledge on the legal side of biotechnology patents, plant variety rights and pharmaceuticals, which allows him to draft adequate strategies for exploring such inventions in the Brazilian market.

One of his expertise is to participate in the negotiations and drafting of technology transfer, licensing agreements, joint venture, distribution, franchising and other commercial agreements that aim to exploit intellectual property rights in the Brazilian territory. Most recently, Mr. José Carlos Vaz e Dias has been extensively working with the Brazilian Innovation Law and its peculiarities to obtain fiscal benefits and funding granted by the local government. Therefore, he has led several research and development agreements involving Brazilian research centers and companies (including foreign ones) and he has given support to companies on matters of intellectual property and fiscal laws.

He holds a strong presence in the enforcement of intellectual property rights and implementation of programs to prevent counterfeiting and parallel import in the Brazilian territory, especially in the main ports and cities that manufacture and distribute such products.

His intellectual strength comes from the broad knowledge of various legal fields (taxation, antitrust, corporate law and consumer rights) that makes him capable to apply them to the protection, enforcement and exploitation of IP rights.

Further, he graduated from the University of Brasilia (UnB) and obtained a master degree (Masters in International Business Transaction – LLM/Kent) and a PhD (foreign investment and intellectual property rights – PhD/Kent) from the University of Kent at Canterbury in England.

JOSÉ CARLOS VAZ E DIAS is a Professor on Intellectual Property Rights from the State University of Rio de Janeiro – UERJ. He has written several local and international publications and he has led seminars and speeches in associations such as Brazilian Franchise Association (ABF), Brazilian Intellectual Property Law Association (ABPI), Brazilian Industrial Property Agent Association (ABAPI), World Intellectual Property Law Organization (WIPO), International Trademark Association (INTA), Licensing Executive Society (LES), among others.

Marina Castro

Mechanical Engineer with undergraduate course from the Federal University of Rio de Janeiro (UFRJ) in the Academic Format “Co-Joint Graduation” with the Technical University of Denmark (Kongens Lynby). She developed at the Danish university research on the Control and Smart Materials focusing on the analysis of vibration control using Smart Materials. She is developing at the moment her Master studies before UFRJ.

She holds a broad experience in automation, performing activities related to reviewing mechanical failures and elaborating pertinent technical documentation related to analysis performed incorporating sensing, detection and implementation of control tools.

At VAZ E DIAS ADVOGADOS & ASSOCIADOS, Ms. Castro executes activities related to the protection of inventions through patents, topographies and software. She has been involved since 2015 in the prosecution of applications at the Brazilian Patent Office (INPI), especially those related to mechanical vibrations, control and automation systems, as well as industrial products and processes, and mechanical and automation engineering, in general.

Moreover, she works directly with the stages of the national and international patent applications prosecution, in accordance with the Patent Convention Treaty (PCT).

It should be highlighted, the thorough work led by Ms. Castro in the Freedom to Operate (FTO) and RoadMapping tasks, by means of identifying technological routes through patents. Her ability to lead these complex issues comes from the technical knowledge in the examination of mechanical systems and professional practice gained across many projects involving rotating machines in general.

Ms. Castro guides national and international clients, clarifying their queries, leading the examination of patentability requirements, elaborating technical reports and petitions, such as responses to office actions, appeals, subsidies to support the technical examination and nullities with the INPI.

Savana Castilho

Attorney at law with experience since 2011 in trademark prosecution, administrative case law of the Brazilian National Institute of Industrial Property (INPI) and in the support of unfair competition and copyright matters. Graduate in law studies from the University Cândido Mendes (UCAM) in 2015 and Industrial property agent since 2011.

At the VAZ DIAS ADVOGADOS & ASSOCIADOS, her work relates specifically to the assistance on the protection of the clients’ trademarks at the INPI and in their defense by means of oppositions, administrative appeals and nullity procedures, among other measures.

Further to that, she is an expert on the protection of trademarks under the concept of highly known trademarks and notorious trademarks, which involve complex and peculiar registration procedures at the INPI.

Further to that, Savana Castilho holds great knowledge on the elaboration of strategies to obtain the registration and block trademark applications of third parties as well as to provide the adequate support for the protection of trademarks in other jurisdictions, through the Paris Convention and the TRIPS Agreement.

In the unfair competition arena, her expertise relates to the examination and adoption of legal measures against disloyal practices and parasitism, especially those found in new commercial platforms used for trade, such as social media.

Thiago Lombardi

Attorney at Law graduated from the University Estácio de Sá (UNESA) and post-graduated from EMERJ (Law School of Rio de Janeiro State Court) on the civil responsibility and consumer laws. He is now undertaking an MBA in Corporate Control and Compliance at Trevisan and also Post-graduate studies on the Civil Procedural Code at Candido Mendes University.

Thiago Lombardi holds a great expertise on conducting clients through court suit proceedings, especially big companies such as those related to airplane services, telecommunications, mining and financing institutions.

One of the most prominent characteristics of Thiago Lombardi is the ability to draft strategies for court proceedings following up the rules and routes provided by the Civil Procedural Code, including the thorough examination of the proceedings to point out possible nullities derived from the opponent’s activities, especially in the patent field.

Due to his experience and knowledge on the Civil Procedural Code, he leads complex court suits related to unfair competition and patent infringement. At the patent side, Mr. Thiago Lombardi assists and works with the technical professionals of the VAZ E DIAS ADVOGADOS & ASSOCIADOS in the elaboration and revision of reports concerning Freedom to Operate (FTO) and Patent Infringement or Non-Infringement opinions.

Gabriel Duarte de Oliveira

Gabriel Duarte is an Industrial Chemist from the Federal Fluminense University (UFF) and Work Safety Technician from the National Service for Commercial Learning (SENAC). Gabriel developed a digital printing study in forensic chemistry for his final project in the course at UFF, obtaining approval and successful conclusion.  

Gabriel Duarte also has experience in Research and Innovation in the Department of Analytical Chemistry at Federal Fluminense University (UFF) since 2012 and in Environmental Management and Product Stewardship related to the chemical industry of pesticides since 2014.

At VAZ E DIAS ADVOGADOS & ASSOCIADOS, Gabriel Duarte performs activities related to the protection of inventions through patents, topographies and software. He has been involved at this firm, since 2019 in the prosecution of applications at the Brazilian Patent Office (INPI), especially those related to chemistry, petrochemicals and pharmacy, in general. 

In addition, Gabriel Duarte also participates in all stages of the administrative processing of national and international patent applications, via the Patent Cooperation Treaty (PCT).

Gabriel Duarte guides national and international clients, clarifying their queries, conducting the analysis of official requirements and office actions, preparing technical opinions and administrative petitions in general, such as compliance with requirements, technical responses, resources, examination subsidies and nullities with the INPI.

Laura Marques

Attorney at law admitted to the Brazilian Bar Association in 2012, Laura Leite Marques has a Law degree (2012) from the Pontifical Catholic University of Rio de Janeiro (PUC-Rio), and a Post-graduate degree (2014) in Intellectual Property and Competition Law at Candido Mendes University (UCAM).

Laura Leite Marques is specialized on trademark prosecution and litigation with the adequate knowledge for the protection of distinctive signs at the Brazilian Trademark Office (BTO).

Further to that, she holds great expertise on matters related to unfair competition, especially those taken place on digital platforms B2B and B2C and social media, including fake news, false and abusive advertising issues on commerce, ambush marketing and geo-pricing/geo-blocking behaviors.

Laura is always designated when it comes to issues related to domain names, software and internet law. Her expertise entitles her to deliver legal support and opinion to foreign and Brazilian companies. It further allowed her to publish the article entitled “An Analysis of the Rights and Duties of Internet Users”.

Larissa Fonseca

Larissa Fonseca has a PhD in Mechanical Engineering from the Federal University of Rio de Janeiro (UFRJ) and Texas A&M University at College Station through a “sandwich” Doctoral program. Larissa holds a degree on Master of Sciences from UFRJ, where she developed a study on origami structures applied to engineering devices, focusing on the dynamic and energetic study of these structures, especially when powered by “Smart Materials”. 

Larissa Fonseca has extensive experience in dynamic and intelligent materials, performing activities related to structural integrity studies, fatigue assessment and maintenance monitoring of large equipment applied to the steel industry. 

In addition, she specializes in non-linear dynamics, with the application of origami devices to engineering, biomedicine and other areas of knowledge, to act as an actuator, sensor or as a substitute for a piece of equipment. She has extensive experience in the steel industry, having worked in the area of cold rolling lines maintenance.

At VAZ E DIAS ADVOGADOS & ASSOCIADOS, Larissa Fonseca carries out activities related to the protection of inventions through patents, topographies and software. She works in this law firm since 2020 with processing patent applications with the National Institute of Intellectual Property (INPI), especially those related to mechanical vibrations, metallurgy, mechanical forming and sensors, as well as industrial products and processes, mechanical, metallurgical and automation engineering in general.

Larissa Fonseca guides national and international clients, clarifying their doubts, conducting the analysis of office action requirements, preparing technical opinions and administrative petitions in general, such as compliance with requirements, technical responses, resources, exam subsidies and nullities with the INPI.

Bruna Valois

Bruna Valois holds a post-graduate degree in Commercial Mediation and Conciliation from Fundação Getulio Vargas (FGV) and a Bachelor’s degree in Law from Universidade Candido Mendes (UCAM). 

She is a counsellor and attorney-at-law specialized in international business transactions since 2014. She works in the preparation and negotiations of commercial agreements in the technology sphere, such as technology transfer, licensing of intellectual property rights, copyright agreements, merchandising, research and development, franchising, distribution, confidentiality agreements and other contracts involving the exploitation of intellectual property rights. 

In view of the peculiarity of the legal framework for technology transfer and franchise agreements in Brazil, required the prior recordation at the Brazilian National Institute of Industrial Property (INPI),  Bruna Valois is the leading attorney that holds meetings with the examiners, verifies and complies with office actions and takes the legal steps to obtain the Recordation Certificates for local and foreign Clients.

In addition, Bruna Valois guides national and international clients, clarifying their doubts, conducting the analysis of official requirements and office actions issued by the INPI, administrative requests in general, such as compliance with requirements and filing of appeals before the INPI for the recordal of international commercial agreements.

Eduardo Tibau

Lawyer of Counsel Bachelor in Law from Cândido Mendes University and Master degree in Intellectual Property and Innovation from INPI with solid experience in the areas of intellectual property law, technological innovation, corporate law, digital law and data protection and privacy.

Eduardo Tibau started his career in 1999 and joined large law firms when he had the opportunity to make the intersection between intellectual property law and corporate law.

In view of his comprehensive background, Eduardo Tibau has the facility to implement ideas and concepts in innovative businesses and ventures with the potential for growth in a legally sustainable manner, enabling the testing, improvement and viability of new products and services in the market before the investment of large sums.

This lawyer has as specific role in the law firm VAZ E DIAS ADVOGADOS & ASSOCIADOS to assist business companies and technology-based entrepreneurs – startups and innovative people – in matters related to business in the area of technological innovation. Included in this ability is his expertise in drafting commercial innovation and corporate law contracts, such as the Convertible Loan, Vesting Contract, RD&I Contract, Innovative Public Procurement and other legal businesses agreements.

In addition, Eduardo Tibau is the professional in our office, who is often required to work on developing strategies to adapt the digital structures of companies to the Brazilian General Data Protection Law (LGPD).

Academic Background

• Bachelor in Law. Cândido Mendes University – Rio de Janeiro. 1999.
• Post-graduated in Intellectual Property Law. PUC – Rio de Janeiro. 2002.
• Master in Intellectual Property and Innovation. National Institute of Industrial Property. 2013.

Associations

• OAB/RJ – Brazilian Bar Association – Section of Rio de Janeiro
• ABAPI – Brazilian Association of Industrial Property Agents
• ABPI – Brazilian Association of Intellectual Property
• IAPP – International Association of Privacy Professionals

Raphael Argôlo

Attorney at law graduated from PUC-RJ. He holds a specialization on Intellectual Property Law from the WIPO-Academy and he is concluding the post-graduate studies on Civil Procedural Law under the coordination of the Judge Alexandre Freitas Câmara.

During his professional career, since 2009, Raphael Argôlo works with an emphasis on legal assistance directed to large business companies in controversies involving Company Law, Consumer law, Civil Liability and Intellectual Property Rights Law.

This vast experience and constant work with Brazilian courts, combined with his natural ability to identify patterns in court procedures, anticipating and understanding the scenarios that arise during litigation in which he works makes Raphael Argôlo a qualified professional to lead highly complex and relevant legal cases before state and federal courts.

He has solid ability to examine the challenges under a legal viewpoint and experience in conducting hearings and oral arguments in collegiate bodies of the Brazilian courts, giving him expertise in the preparation and review of petitions and other procedural documents. 

Raphael Argôlo’s legal knowledge also extends to the elaboration and implementation of extensive anti-piracy programs and parallel importation prevention before the Brazilian customs, as well as experience and know-how in dealing with disputes arising from commercial contracts, mainly in the relationship between franchisor/franchisee and distributor/supplier.

Raphael Argôlo is currently a member of the judicial litigation team and acts in defense of the interests of private companies and public service providers, as well as with critical demands involving significant values, with emphasis on Civil Procedural Law, Civil Liability, Intellectual Property and processes in the execution phase.

Agatha Souza

Biotechnologist graduated from the Federal University of Rio de Janeiro (UFRJ) and technician degree on chemistry from Colegio Casimiro de Abreu in the city of Rio de Janeiro. She is concluding a master’s degree from UFRJ on Chemical and Biochemical Process Engineering.

As professional of the law firm VAZ E DIAS ADVOGADOS & ASSOCIADOS, the technical activities of AGHATA SOUZA encompass the technical elaboration and revision of patent applications and utility models in various areas of knowledge, mainly those related to biotechnology processes and products, biochemistry, pharmacy, fine chemistry and related fields. She also holds knowledge regarding protection of plant varieties at the National Services for the Protection of Cultivar (SNPC). Her extensive technical expertise involves the ability to elaborate FTO (Freedom to Operate), technological mapping and technical reports, patent landscaping reports, technological prospecting and patent infringement thereby assisting the clients in the identification of business tendencies and priorities for future market opportunities.

As to prosecution of patents before the National Institute of Industrial Property (INPI), AGHATA SOUZA holds a great experience in the preparation of technical opinions in the fields of health and biotechnology. Further to that, she works on technical answers, subsidies, priority exams, appeals, subsidies, administrative nullity actions and proposes the division of applications and certifications of addition of inventions before the INPI, besides providing technical support in court actions.

Cláudia de Noronha Santos

Attorney at Law in the field of intellectual property rights and entertainment law since 1998. Graduated from the Law School of the State University of Rio de Janeiro (UERJ) and from the Languages School of the Pontifical Catholic University of Rio de Janeiro (PUC/Rio).

Her legal framework is specialized in administrative procedures for the protection of trademarks, copyrights and domain name and leads consultancy services relating to the exploitation of audiovisual and artistic works, including the draft of corresponding commercial agreements and compliance with the requirements and limits set out by image law, personality law and data protection laws. In view of her extensive knowledge in the intellectual property law scenario, Claudia Santos is a professional qualified to lead Brazilian businessmen and foreign investors in the protection of the intangibles in the Brazilian territory, especially trademarks and intellectual works protected by copyright. Further to that, she assists local businessmen in the protection of in other markets, whether through the Paris Convention or the Madrid Protocol.

In addition, Cláudia has been engaged for the last fifteen years in the Third Sector regarding the Rights of Persons with Disabilities, as well as assisting Brazilian clients in the Data Protection area since October 2020.

Academic Background

• Law Graduate. Universidade do Estado do Rio de Janeiro (UERJ), Rio de Janeiro, 1997.
• Bachelor of Arts (B.A.) – Languages – Teaching Degree on Portuguese and English 
• Languages and Corresponding Literatures. Pontifical Catholic University of Rio de Janeiro (PUC/Rio). 1995.

ASSOCIATIONS 

• OAB/RJ – Brazilian Bar Association
• ABPI– Brazilian Association of Intellectual Property
• INTA – International Trademark Association

Jessica Almeida

Undergraduate law student from the Federal University of Rio de Janeiro (UFRJ) set to graduate in April 2022. Jessica Almeida works with Intellectual Property Rights with focus on legal matters related to the protection of distinctive signs and geographic indications, which includes the administrative procedures for the prosecution of applications for trademark registration at the Brazilian National Institute of Industrial Property (INPI) and supports the elaboration of strategies to cease the violation of trademarks due to the unauthorized use by third parties, especially in digital platforms.

Regarding legal extrajudicial activities, Jessica Almeida works directly with the Litigation Team of VAZ E DIAS ADVOGADOS & ASSOCIADOS in conducting case law research and identifying legal trends and commercial practices involving the main conflicts in the trademark and unfair competition fields, as well as in preparing cease-and-desist letters against the violation of the Client’s intellectual property rights.

The special attention in her work lies in the commercial examination and also case law analysis related to extensive practice of brand and character merchandising use in video games, commercial advertisement and other forms of expression of fictional reality (avatars and metaverse) in digital shopping platforms, which disrespect preexisting brands and/or seek to illegally appropriate renowned sigs. 

She holds solid knowledge in trademarks and geographical indications due to her participation on various academic courses, for example, Trademarks, Industrial Design and Geographical Indications course (World Intellectual Property Organization – WIPO) and Geographical Indications and Collective Trademarks course (Brazilian National Institute of Industrial Property – INPI).

ACADEMIC BACKGROUND

Undergraduate Law Course. Universidade Federal do Rio de Janeiro (UFRJ).

ASSOCIATION

OAB/RJ – Ordem dos Advogados do Brasil

Thais Silva

Graduate Student in Arts with dual qualification – Portuguese/French – from the  Fluminense Federal University (UFF). Thais Silva is expected to graduate in July 2022 She works on the intellectual property matters since 2018. 

Thais is proficient in the French Language, Culture and Literature. Due to her ability to  communicate in different languages, she has worked primarily on the Trademark Team  at VAZ E DIAS ADVOGADOS & ASSOCIADOS, mainly with foreign clients in the  protection of distinctive signs before the Brazilian National Institute of Industrial Property  (INPI).  

Thais has solid knowledge in the field of Linguistics and Semiotics, which help the  Trademark Team develop strategies based on the linguistic and visual differentiation between distinctive signs. Focused on developing her technical knowledge in the  industrial property field in unison with her academic background, she regularly  participates in recurring professional courses, such as the Professional Training in  Intellectual Property at ABAPI (Brazilian Association of Agents on Industrial Property),  the General Course on Intellectual Property from WIPO (World Intellectual Property  Organization) as well as lectures and seminars held by the Postgraduate Program in  Language Studies at the Fluminense Federal University. 

ACADEMIC BRACKGROUND 

Bachelor’s Degree under conclusion in Languages with dual qualification – Portuguese/French – from the Fluminense Federal University. 

ASSOCIATIONS 

ABPI – Brazilian Association of Industrial Property