Brazilian diplomat Paulo Renato Dallagnol had to abstain from registering the site www.binance.com.br at INPI (National Institute of Industrial Property), as well as using the Binance brand after the Federal Court of Rio de Janeiro granted an injunction in favor of the world's largest broker.
The case involving the vice-consul of Brazil in Cyprus started when he decided to register the Brazilian version of the Binance website on 06/30/2018, and the brand had been operating in the market since June 14, 2017, as was narrated in the process.
The company sued the INPI and the diplomat in stating that the Binance brand enjoys protection because it was previously registered in China, a signatory to the Paris Union Convention (CUP).
According to the broker, according to the Industrial Property Law, it would not be possible to have a later registration to be recognized and the broker pointed out that Dallagnol has been a “registered user of the author's website since December 2017, the date that precedes the deposit of the Binance brand” at INPI. .
Binance and the injunction against diplomat
Judge Eduardo André Brandão de Brito Fernandes, of the 25th Federal Court of Rio de Janeiro, then decided to grant the required emergency relief, in case number 5014562-56.2020.4.02.5101, to suspend the effects of registration for the trademark in Brazil.
The magistrate also ordered Dallagnol not to use the mark in any way, under penalty of being fined, which was not arbitrated in that decision.
However, as this is a preliminary decision, the diplomat as well as the INPI will still have time to present their defenses in the face of accusations.
Despite having the company registered in China, Binance is originally from Cayman, as stated in the file. The case involving the cryptocurrency giant raises a strong suspicion of plagiarism.
In addition to the same name “Binance”, Dallagnol used in the registration with the INPI “class 36, identifying various financial services (stock and securities brokerage; stock brokerage; financial management; advisory, consultancy and investment management of third parties, etc.)” for your Brazilian version of the company. This class is the same used by the original Binance.
The diplomat's registration process in Brazil by the diplomat was granted in 2019. However, even before the injunction was granted by the 25th Federal Court of Rio de Janeiro, there was already a risk of this registration being revoked.
"The registration was granted on 7/7/2019 and is subject to an administrative nullity process (PAN), not yet decided by the INPI".
Master diplomat in intellectual property
The situation is unusual because he is an employee of the Ministry of Foreign Affairs of Brazil. Dallagnol has been a chancellery officer since 2010. In August 2018, he became vice-consul in Nicosia (Cyprus) as well as Head of the Consular Sector in the capital of that country.
With a master's degree in law from the Universidad Carlos III of Madrid, Spain, the diplomat had as his dissertation theme, then, precisely the right to intellectual property. In one of his articles, he mentions Google and therefore deals with disrespect for copyright by this provider.
The interest in the subject involving intellectual property law has been going on since he graduated from the Federal University of Santa Catarina. Dallagnol's conclusion paper had the theme “Copyright and Internet pages”.
Dallagnol has also served as a specialist lawyer in Digital Law and he has even spoken out on bitcoin regulation in Brazil and the role of the Securities and Exchange Commission last year on the website of a Rio Grande do Sul law firm.
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