Program

• 12.07.2021 - Lesson 1: The protection of brands in the food and beverage sector

  Teachers: Felipe Dannemann Lundgren and Rafael Dias de Lima

  Brands play a key role in the food and beverage industry, as they distinguish and individualize a certain product from its competitors. But what are the requirements for registering trademarks with the Brazilian Patent and Trademark Office (BPTO)? What is the protection guaranteed by the Industrial Property Law? What are the best strategies for the effective protection of distinctive signs in the food and beverage industry? What are the most common infringement cases? And what have the courts in Brazil and abroad been deciding on the matter? These and other issues are addressed in this module, with the presentation of practical cases.

• 14.07.2021 - Lesson 2: Trade dress protection in the food and beverage sector

  Teachers: Felipe Dannemann Lundgren and Rafael Dias de Lima

  In order to position itself in the food and beverage market, it is essential for the entrepreneur to create their own visual identity that differentiates their company from the competition. This identity – made up of the set of graphic-visual elements of a given establishment, product or service – not only promotes a better identification and individualization of the company, but also decisively influences consumer choice, stimulating the purchasing impulse at the time of purchase. As it gains notoriety and recognition, this visual identity acquires value as an important intangible asset. It is exactly at this moment that it becomes the target of imitators. This class addresses in a practical way the institute of trade dress, the forms of effective protection of the company's image set, and the jurisprudence of the courts on the matter.

• 19.07.2021 - Lesson 3: Patent protection in the food and beverage industry

  Teachers: Monique Rodrigues Teixeira and Bernardo Marinho F. Alexandre

  Considering that the food and beverage industry makes substantial investments in research, development, and innovation, with intense inventive activity aimed at creating and improving formulas and techniques, patents play a fundamental role in protecting inventions for the company's success. But, after all, what are the patentability requirements and the protections guaranteed by the Industrial Property Law for innovations in the food and beverage sector? How to structure efficient legal strategies in the search for patent protection in this sector? What are the most common infringement cases? And what are the courts in Brazil and abroad also deciding on the matter?

• 21.07.2021 - Lesson 4: Legal Issues About Marketing and Advertising in the Food and Beverage Industry

  Teacher: Enzo Baiocchi

  As in any business, good marketing and advertising strategy are essential to boost the consumption of products or services, leveraging sales and the value of brands and other distinctive signs of the company. But what are the limits imposed by law on marketing and advertising actions? What characterizes advertising as legal or illegal? And what about ambush and association marketing? What defines the practice of simulated, misleading, or abusive advertising? How legal is comparative advertising or advertising exaggeration? Brazil adopts a mixed system of regulation and control of advertising, either by applying current legislation (especially the Consumer Defense Code) or by observing specific ethical standards by entities representing the Brazilian advertising market provided for in the Brazilian Advertising Self-Regulation Code. In this context, the National Advertising Self-Regulation Council (CONAR) plays a decisive role. This class addresses, in a practical and didactic way, the main legal issues on marketing and advertising in the food and beverage sector in light of the decisions of the courts and CONAR.

• 26.07.2021 - Lesson 5: Regulatory overview in the food and beverage sector

  Teacher: Rodrigo Augusto Oliveira Rocci

  For food and beverages to be produced, handled, and marketed in Brazil, business activities must comply with specific regulatory standards. In this context, the stages of licensing, registration, and inspection by the health authority and other bodies of the Public Administration are included. Thus, knowledge of the legislation and administrative procedures required by the competent authorities is crucial, such as the National Health Surveillance Agency (Anvisa) and the Ministry of Agriculture, Livestock and Supply (MAPA). But what are the requirements and steps of administrative procedures in the regulation of the food and beverage sector? What should be considered so as not to incur sanctions and penalties in case of non-compliance with the legislation in force in the regulatory context? In order to elucidate these and other practical issues, the regulatory framework is presented in the light of decisions and practical cases.

• 28.07.2021 - Lesson 6: Privacy and Data Protection in the Food and Beverage Industry

  Teachers: Carlos Eduardo Eliziario de Lima e Filipe Fonteles Cabral

  With the expansion of new technologies in an increasingly competitive, digital, and connected business environment, in addition to the classic immaterial assets of intellectual property, data has become one of the most valuable assets of the company. With the entry into force of the General Data Protection Law (LGPD), both natural and legal persons, of public or private law, must observe the rules on the processing of personal data, including in digital media, so as not to incur administrative sanctions provided for in the LGPD, in addition to other civil and criminal sanctions provided for by law. But what are the foundations of the personal data protection discipline? What are the concepts, principles, and requirements for the processing of personal data provided for in the LGPD that must be observed in business activity? In addition to these issues, this module also addresses the main stages of a compliance project and what companies in the food and beverage sector need to know in order to adapt the internal processing of personal data to the new legal framework.