Blockchain Trademark Registration & Right of Precedence: Adaptation

Blockchain registration and trademark registration are concepts that are gaining ground in the context of intellectual property and trademark protection, thanks to technological advances and the possibilities offered by systems such as blockchain. However, it is essential to understand how current legislation applies to these concepts and how it can evolve to adequately address these new technologies.

Blockchain Registration

Blockchain ledger is a method of storing information about brands and other intellectual property assets in a distributed, immutable ledger . This offers greater security and transparency, as well as simplifying and speeding up processes such as granting, renewing and transferring rights to brand. However, current legislations on intellectual property usually do not directly address the use of blockchain for registration and protection of brands.

Although blockchain registration is not officially recognized as a method of registering brands, it can be used as a complementary tool to prove the authorship and date of creation of a brand or concept. This can be useful in cases of legal disputes and in resolving conflicts related to intellectual property. However, up to date, it is still necessary to register the brand with governmental Registry bodies to obtain full legal protection and official recognition.

Legislation and Registration of Brand Background on Blockchain. The Brazil case

In November 2021, a significant change occurred in the scope of intellectual property in Brazil, with the publication of Opinion 1 in the Revista da Property Industrial 2652. This Opinion, with normative effect from the Specialized Federal Attorney's Office together with the National Institute of Industrial Property (INPI), changed the way in which the right of precedence to trademark registration is treated in Brazil. The INPI's new position, now in line with the jurisprudence of the Superior Court of Justice (STJ), allows the right of precedence to be claimed at any time, even after the granting of trademark registration by the INPI. This is relevant for those who claim their right of precedence based on previous and good faith use of their trademarks.

In this context, the use of blockchain registration can play an important role in the process of claiming the right of precedence. Blockchain registration, due to its decentralized, immutable and transparent nature, can provide reliable and indisputable proof of the creation and previous use of a brand.

Although blockchain registration, as yet, does not replace the official registration of brands, it can be used as a complementary tool to prove the authorship and date of creation of a brand. This can be especially useful to strengthen the case of a previous user in good faith who seeks to claim the right of precedence to trademark registration, whether administratively or in court.

The decision to give normative effect to Opinion 1 is an important step towards harmonizing the INPI's administrative procedures with the Brazil's Industrial Property Law (Law 9,279/96) and the jurisprudence of the STJ. This change also highlights the need for continued adaptation of legislation and practices related to intellectual property as new technologies, such as blockchain registration are becoming increasingly relevant.

Therefore, it is crucial that stakeholders, including trademark holders, intellectual property professionals and competent authorities, keep up with technological trends and innovations to ensure that legislation and practices relating to intellectual property continue to effectively protect the rights of trademark holders and promote innovation and fair competition in the market.