Prezado Joaquim Mariano,
aceite meus cumprimentos e elogio pela abrangente e precisa explanação.
Parabéns, belo trabalho. Abraço, Nevinho
2008/12/30 Joaquim Mariano da Costa Neto <joaquimmariano(a)yahoo.com.br>
Dear Mike,
*1*. According to the Brazilian rules and regulations for Internet, only
entities based on Brazil are allowed to register domains with the Brazilian
ccTLD (.br). Foreign entities must have a local branch in Brazil to make
such registration.
*2*. A temporary registration is granted to foreign companies that intend
to open a branch in Brazilian territory within the period of 12 months
beginning with the time when the application is filed at the Brazilian
Internet Steering Committee (CGI.br - Comitê Gestor da Internet no Brasil).
In this case, the foreign company must basically:
*a*) have an attorney-in-fact in Brazil (with a written power of attorney
officially translated to Portuguese), which is responsible for the domain
registration;
*b*) present a statement (officially translated to Portuguese) by which
the company informs its own corporate name, full address, telephone number,
corporate purpose, operating activities, and the name and post title of the
agent which is able to act for the company;
*c*) present a statement (officially translated to Portuguese) by which
the company commits itself to settle a branch in Brazil within 12 months;
and
*d*) fulfill some other minor conditions and formalities.
*3*. Wikimedia Brasil is not formally and legally established as a
Wikimedia Chapter. Wikimedia Brasil has the approval of the Board of
Trustees (resolution dated October 2008), but is not legally structured and
registered with our local authorities yet. We believe that we still do not
have critical mass to start and maintain a full and registered entity in
Brazil. We are currently working on all Wikimedia projects and operating in
accordance with all Wikimedia principles and rules (in the same way as a
local chapter), but we believe it would be unwise to register Wikimedia
Brasil as a legal person at this moment.
*4*. In a pragmatic approach, we believe that the Wikimedia Foundation
should concentrate efforts on the primary problem, which is the trademark
unauthorized registration attempts. The domain registration is a secondary
problem whose solution may depend on the solution given to the trademark
problem. This suggestion is based on 4 main reasons.
*4*.*1*. Apparently, the domain (wikipedia.com.br) is reserved by the
CGI.br, while the trademark registration processes are in course of
analysis. Therefore, these trademark applications are subject to approval at
any moment.
*4*.*2*. The companies that filed the trademark applications at the
Industrial Property National Institute (INPI - Instituto Nacional da
Propriedade Industrial) probably intend to use the registration assent as
evidence and justification to disengage the domain that is currently
reserved by the CGI.br.
*4*.*3*. The Wikimedia Foundation (or the local chapter with the
respective trademark license agreement) will be able to easily disengage the
domain by presenting to the CGI.br the trademark officially registered by
the Wikimedia Foundation itself at the INPI.
*4*.*4*. If the Wikimedia Foundation clearly consolidates position on its
own trademarks in Brazil (by officially registering them at the INPI, in
addition to all other international registrations), the CGI.br will prevent
anyone other than Wikimedia from registering any domain that contains
trademark owned by the Wikimedia Foundation.
*5*. In any way, the Wikimedia Foundation may consider the possibility of
registering the domain in a temporary condition (item 2 above), while
dealing with the trademark issues and waiting for the registration of the
Brazilian Chapter as legal person. After the registration of the Wikimedia
Brasil with our local authorities, the Brazilian Chapter may succeed the
Wikimedia Foundation as legal holder of the domains in Brazil. This
succession must occur within the 12-month period granted to temporary
registration.
*6*. We apologize for presenting more problems than solutions, but we
believe that you should have a clear idea of the whole situation. As said
before, we are at Alisa disposal to assist her with any issue related to the
Wikimedia projects in Brazil. And I am beginning to translate to English
some regulations for registration of domain names in Brazil, in case you,
Alisa and Doug need them to decide how to proceed.
Best regards,
Joaquim
------------------------------
*De:* Mike Godwin <mgodwin(a)wikimedia.org>
*Para:* Joaquim Mariano da Costa Neto <joaquimmariano(a)yahoo.com.br>
*Enviadas:* Terça-feira, 23 de Dezembro de 2008 20:53:56
*Assunto:* Re: WF Trademarks - Unauthorized registration attempt in Brazil
Joaquim,
Can you determine what we need to do to obtain wikipedia.com.br? If the
registration needs to be made by a local entity, we would be happy to
support your chapter in doing so.
--m
------------------------------
*De:* Mike Godwin <mgodwin(a)wikimedia.org>
*Para:* Joaquim Mariano da Costa Neto <joaquimmariano(a)yahoo.com.br>
*Cc:* Wikimedia Brasil <wikimediabr-l(a)lists.wikimedia.org>rg>; Alisa C. Key <
AKey(a)ssd.com>gt;; Doug Isenberg <disenberg(a)GigaLawFirm.com>
*Enviadas:* Terça-feira, 23 de Dezembro de 2008 18:55:03
*Assunto:* Re: WF Trademarks - Unauthorized registration attempt in Brazil
Dear Joaquim,
Alisa Key, whom I have cc'd on this e-mail, will be the lawyer in charge of
challenging the registration of wikipedia.com.br and wikipédia trademarks
in Brazil. As part of this process, I have authorized her to begin pursuing
our own trademark application in Brazil. Please feel free to share with
Alisa any information she requests about the trademark process as it is
proceeding now, and please copy me on any correspondence.
Doug Isenberg will determine what to do with regard to the domain name
wikipedia.com.br -- I hope that the Foundation can register it directly,
but, if not, we may ask your chapter to help us.
We're very grateful that you brought this to our attention!
--Mike Godwin
General Counsel
Wikimedia Foundation
On Dec 17, 2008, at 6:40 PM, Joaquim Mariano da Costa Neto wrote:
Dear Michael Godwin,
I am a Brazilian wikipedian and I am beginning to work with our team
of local
volunteers. I am writing to inform you some issues related to
trademarks that may belong to the Wikimedia Foundation.
In Brazil, the Industrial Property National Institute (INPI -
Instituto
Nacional da Propriedade Industrial) is the federal department in
charge of registering and controlling the intellectual property (which
includes trademarks).
Yesterday, after a brief research at the INPI website, I found that
two
Brazilian companies are trying to register at INPI some trademarks that
may belong to the Wikimedia Foundation. In 2006 and 2007, these two
companies filed at the INPI the requests for registering the following
trademarks:
www.wikipedia.com.br and wikipédia. It is important to notice
that one of the companies is not trying to register the domain
wikipedia.com.br: the company is just trying to register a trademark that
uses the expressionwww.wikipedia.com.br (with a specific logotype). I list
below the trademarks that may belong to the Wikimedia Foundation and the
names of the respective companies that filed the related requests for
registering (with the INPI file numbers and the dates of request in round
brackets):
-
www.wikipedia.com.br - Web Use Serviços Ltda.
ME (900080442)
(10.nov.2006)
- wikipédia - Wikipédia Distribuição de Conteúdo
Eletrônico Ltda.
(900632860) (29.nov.2007)
The Brazilian Internet Steering Committee (CGI.br - Comitê Gestor da
Internet
no Brasil) is the Brazilian federal department in charge of
registering and controlling the Brazilian Internet domains, with
jurisdiction over the country code top-level domain designated for Brazil
(.br). The CGI.br (which is not related to the INPI) made the domain
wikipedia.com.br unavailable for any entity other than Wikipedia.
Therefore, the current problem is not related to the registration of the
domain, but to the registration of the trademark that uses the expression
www.wikipedia.com.br.
The requests in question are still in analysis and the INPI did not
decided to
concede or refuse the registrations.
The Brazilian law states that the request for registering a trademark
may be
opposed by proving that similar or identical trademark already exists
and is legally registered. In other words, the Wikimedia Foundation may
oppose the requests filed by the above-mentioned companies at INPI.
After the concession, the registration may also be made null and void
by
proving that similar or identical trademark exists and had been legally
registered before the request was filed.
If you need any further clarification, feel free to contact us. We are
at your
disposal to help.
Kind regards,
Joaquim Mariano da Costa Neto
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