An analysis from the Brazilian Industrial Property Law and the ZSJ Patent.

Well, I was intrigued by the history of the patent of the name ZSJ by the Xie person. So I went to read about the Industrial Property Law of Brazil (law nº 9279/96). below some information.

In Brazil, anyone can register names, surnames, nicknames and signatures. However, in the case of deceased persons, the heirs will have to prove that they are the same person. However, it is not so easy to register and at any time the patent can become void, when it is discovered that the person is using the same name or has falsified documentation about the patented name.

Another point, trademark registration in Brazil is paid and there are patents that you can only register for a period, ex: Globo patented the name domingão do Faustão, in 1989 when the program aired and will have the right to use the name until 2031. the presenter can continue using the name Faustão. But after 2031, the presenter will have to authorize Globo to apply for a patent renewal. The presenter can use the other names, such as Faustão's Truck, Faustão's Olympiad, etc.

Now the most important thing: What is needed to register the name at the INPI?

ANNEX PHOTOS

First, it is necessary to define whether the registration will be for an individual or a legal entity, as each requires extra documents.

The most interesting is in bold, legal entity, to register the name, the signature of the person who authorizes the use of the name is required.

Here comes my doubts about the patent of the name ZSJ, taking into account that in China it more or less follows this criterion, since the Brazilian patent law is in accordance with the international law of protection of marks.

Did the person named ZSJ authorize the use of the name? If not authorized, according to Brazilian legislation, he can file a lawsuit with the INPI itself to request the withdrawal of the patent and start the process of illegal use of the name. I think in China it can be similar.

Another issue, the law says that it is necessary to present proof that the name belongs to the person if it is a third party, then you will have to have a birth certificate or identity document and CPF (this in Brazil). I can think that in China it is similar.

And finally, the person can only use that name, they can't use it insinuating that they're someone famous, institution, tag, etc. Is original. A Brazilian example. The presenter Xuxa had a children's program, the name Xuxa was patented. Another person registers the name Kaxuxa and dresses like Xuxa, Xuxa can go to court and demand the misuse of image, her name is different but her clothes are the same as Xuxa uses, this makes people associate the first with the second, they can generate another profit due to the association with Xuxa.

Thus, in my understanding, after reading the law in Brazil, the use of the ZSJ trademark in my "opinion" (taking into account that patents in China also try to take into account international laws), can only be used to associate such character, not being able at any time to insinuate being ZZH, therefore, Zhang Zhe Han or any person of his family can legally enter against the person Xie for misuse of image.

Even the ZSJ person if he exists, or any other person with that name, if he discovers the patent in the name, can claim image misuse if there is no authorization.

Finally, the analysis of the Brazilian Industrial Property Law nº 9.279/96 and making a parameter with the commercial patent of ZSJ, shows that in addition to the ZZH not earning anything because the profit goes to the company of Mr. Xie, his image and anything else linked to him cannot be associated with this brand, remembering that the brand cannot imply anyone linked to ZZH either, as it characterizes misuse of the image. Remembering that I am analyzing Brazilian law, but as an international agreement we can understand that Chinese law may have similar points. To leave no doubt: ZSJ IS NOT ZZH.

SOURCE: BRAZIL. INDUSTRIAL PROPERTY LAW No. 9279.BRASILIA, 1996.