‘Irresistible’ worker fired in Iowa and why this would not happen in Brazil « Brazil Business 101

‘Irresistible’ worker fired in Iowa and why this would not happen in Brazil « Brazil Business 101

iphone brand "stolen" by a Brazilian company. What happened?

Update from June 2014: A Brazilian Federal Court has returned rights over the "Apple" brand to Apple corporation. Please see this link. The matter is still subject to scrutiny by Brazilian regional courts of appeal and by the Supreme Court of Justice. 
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Everyone probably heard the story. Gradiente, a Brazilian company, has launched a mobile device called iPhone withou Apple's permission.

Moreover, the Brazilian company might sue Apple, for using the "iphone" brand in Brazil.

You may check the story here, here and here.

So, what is true about it?

1) Brazilian brand registration system do no recognize rights to international brands automatically. 

      Notorious brands known abroad may have preference over  Brazilian registration, but only if the brand has been registered at a country that maintains a mutual recognition convention with Brazil (not many).
     And, most importantly, only if the brand has been registered abroad before the Brazilian registration.

2) The first one to file for a brand in Brazil will have rights over it 99% of the time.

3) In this case, Gradiente registered the brand way before Apple launched the "iphone". Thus, the rights over the brand belong to it, as per Brazilian Law.

4) Apple may, indeed, be prohibited of using the "iphone" brand in Brazil for marketing mobile phones.

5) This is not a surprise to anyone.

Brand registrations are public and easily accessible. Apple's lawyers certainly had access to it before Gradiente's launched its device.

 And you can, too. Just check: http://formulario.inpi.gov.br/MarcaPatente/jsp/servimg/servimg.jsp?BasePesquisa=Marcas and type IPHONE.

Why don't you check IPAD, GOOGLE, and FACEBOOK too?

6) Plan to do business in Brazil? Register the brand first and ask questions later. 

For brand registration and any other intellectual property issues, I work closely with Mr. Dolabella, one of the best lawyer in Brazil in this specific area. You may check his website here.

Same sex marriage allowed in São Paulo, Brazil

Note: You may also want to see HOMOSEXUAL  MARRIAGE MADE EASIER IN BRAZIL;
 HOW TO: Getting Married in Brazil. and 
Brazilian Law on Love - marriage, stable union and visas.

Brazil is about to see something that we only heard about from the United States: a massive movement of people going to one specific State, in order to get married there.

This is because São Paulo State (where São Paulo city is located) has updated its registration rules in order to allow the automatic registration of same sex marriages, without the need of a previous court order.

This change has followed, with some delay, a decision from the Brazilian Supreme Court regarding same sex marriage.

Therefore, foreigners who wish to marry same sex partners in Brazil will now be allowed a marriage visa, which is much easier to obtain than the civil union visa for same sex unions, which already existed.

I consider this a triumph  of law and civility. A good thing for Brazil, at last.

The rule will be fully valid only on March, 2013.

The link below is in Portuguese:

Folha de S.Paulo - Cotidiano - Norma do TJ obriga cartórios de SP a registrar casamento gay - 19/12/2012

Foreigners with a working Visa in Brazil, steps to get your documents in order.

This is another post from Nuno Araujo, my co-worker. He writes at Brazil Busines 101.

I'd recommend you to check my post The long and treacherous quest to get a work visa permit in Brazil, if you still have doubts about how to obtain the visa in the first place.

Please also read about easier rules for work visas in Brazil.

Enjoy:

Foreigners with a working Visa on Brazil, steps to get your documents in order.

One thing that every expat suffers when coming to Brazil with a working Visa is, got the Visa, now what?

Well, after you did everything on the Brazilian consulate or embassy on your country, and finally got your working visa, get here (I’m not being humorous at all, your working visa has a deadline, don`t waste time), after that you should follow 5 steps to get all your documentation in order.

Step 1- Go to the Federal Police (Polícia Federal or PF), as soon as you get in Brazil, bringing the following documents:

1-            Passport

2-            Copy of your entire passport

3-            Your visa application

4-            Your DOU* (diário official da união) publication:

4.1- DOU (the official gazette from the Brazilian Republic), to get this ask for someone at your work to provide it for you, it can be found here:http://portal.in.gov.br/ .

5-            The taxes found on the federal police website paid:

5.1-** There are two taxes to be Paid, also I would recommend you to ask for assistance from someone at your work, you can found them herehttps://www2.dpf.gov.br/gru/gru?nac=1 , https://www2.dpf.gov.br/gru/gru-c?nac=1

6- Two 3×4 pictures (don`t worry about the actual dimensions, just go anywhere in Brazil that take pictures and ask for a “Foto 3×4”, my advise, get them here, the people who take them know all the procedures, and because the government institutions in Brazil are quite frisky about how the photo should be like, so let’s not take any chances)

7- Your Brazilian address, with CEP (ZIP code)

8- A form found on the federal police website filled up:

                8.1- This form can be found here: https://servicos.dpf.gov.br/sincreWeb/

*ATTENTION, for you who got in Brazil from São Paulo, the airport of Guarulhos, is in the city of Guarulhos, not São Paulo, the same with Confins in Belo Horizonte.

Once you get everything from above ready, just go to a “Delegacia da Polícia Federal” and say you would like to get register on the Sistema Nacional de Cadastramento e Registro de Estrangeiro or simply  “SINCRE” (quick observation here, you will hardly ever find anyone on the federal police with any substantial knowledge in English, so, ask for help from a Brazilian, learn some basic Portuguese or be prepared for a lot of mimic and writing down stuff).

After some fingerprinting and a lot of waiting they will give a little paper that you have to keep, just put it inside your passport and forget it there.

After a couple of days go back there and ask if the “SINCRE” is ready (this can take from 2 to 20 days, so call in advance), after you have the paper with all your information, the “SINCRE” (FYI: SINCRE means National system of registration of foreigners), go to step 2.

Step 2- After you get your “SINCRE” , go to any big post office (Agência dos Correios), and by big I mean that not all of the post offices do this, so, ask around for the main one, or a big one around you.

Get your “SINCRE”, your passport, address, around 20 Reais, go to a BIG post office and ask to pay the fee to get your CPF (kind of a social security number, you need it for everything), after you pay they will give you a piece of paper.

After that, take everything, SINCRE, passport and the piece of paper you got and go to a “Receita Federal” close to you, once you get there just say that you need to get your CPF number or “CPF para estrangeiro”.

Wait and when someone come to help you just show all the papers and get your own CPF number (hurray), with that go to step 3 (almost done).

Step 3- With your SINCRE, passport, CPF and address, go to the Ministério do Trabalho (Work ministry) closest to you and ask for your “Carteira de Trabalho de Estrangeiro”(foreign workers card), it is free of charge and gets ready in about 2 days normally (Brazilians are not very punctual), with it, you are almost done, just one more Step.

Step 4- After a couple of months (from 1 to 6) go back to the federal police and ask if your RNE (National Foreign Register, kind of a foreign ID card) is done, and when you have it, go to step 5.

Step 5-  After everything you been through, all the waiting and headaches, now it’s time to enjoy the good parts of Brazil, you are DONE, got everything in order… until you have to get an extension on your working visa, then, go back to step 1 and good luck.

10 Advises I give to foreigners about Brazil: « Brazil Business 101

The post is from my co-worker Nuno Araujo, editor of Brazil Business 101.

Worth reading:

10 Advises I give to foreigners about Brazil: « Brazil Business 101

Brazil ports starved of investment, buried in red tape-group | Reuters

Brazil ports starved of investment, buried in red tape-group | Reuters

Proud about tax planning: Google and me

Google's boss has just said that he is proud of Google's tax avoidance strategy (see below)

I'm also proud of Google's strategy to dodge taxes. That is what I do for a living and I must say that Google's lawyers have created a beautiful work of art when doing the company's tax planning. It is all there: offshore companies, subsidiaries, Dutch sandwich, money centers, tax havens. Bravo!

But Google must take UK and America's threats of taxing them seriously. They may look at Brazil and find out that the Brazilian government has seriously limited the use of offshore companies and tax havens by automatically taxing any gains from foreign subsidiaries the moment they are put on the books, and not when they are transferred to the controlling company (this last option would be the most usual in the civilized world).

Vale, the mining company, is waiting for a judgment on the legality of the Brazilian awkward (by awkward I mean unjust and crazy) tax regime. Some 15 billion US dollars are being claimed by the government. (By the way, check the development of a similar case here)

In order to avoid this kind of taxation, Brazilian companies are now making heavy use of the few Non double taxation agreements that Brazil has signed. Austria is a personal favorite, but the Netherlands are very popular.

Google, don't let the government be evil! Dodge the dogs and lions.

By the way, if you are a Brazilian individual with more than 40k USD on a bank, I'd recommend you to move your money abroad. Brazilian government has too much control over it, and the online system for money seizure is a real letdown for any businessman.

NOTE: For the pro government intervention readers (which should be none), here is the opposite view: http://treasureislands.org/google-boss-eric-schmidt-takes-a-dim-view-of-capitalism/.

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Google boss: I'm very proud of our tax avoidance scheme

Google's Chairman Eric Schmidt said £2.5 billion tax avoidance 'is called capitalism'

From:http://www.independent.co.uk/news/uk/home-news/google-boss-im-very-proud-of-our-tax-avoidance-scheme-8411974.html

The head of the internet giant Google has defiantly defended his company’s tax avoidance strategy claiming he was “proud” of the steps it had taken to cut its tax bill which were just “capitalism”.

In an interview in New York Eric Schmidt, Google’s Chairman, confirmed the company had no intention of paying more to the UK exchequer. Documents filed last month show that Google generated around £2.5 billion in UK sales last year but paid just £6m in corporation tax.

The Californian based search giant has also been revealed to have sheltered nearly $10bn of its revenues in Bermuda allowing it to avoid some $2bn in worldwide income taxes in 2011.

But Mr Schmidt said such schemes were legitimate and the company paid taxes “in the legally prescribed ways”.

“I am very proud of the structure that we set up. We did it based on the incentives that the governments offered us to operate,” he said.

The Silicon Valley boss went on to suggest that Google would not turn down the opportunity to draw on the big savings allowed under the law in the countries it operates in: “It’s called capitalism. We are proudly capitalistic. I’m not confused about this.”

He also ruled out following Starbucks in voluntarily handing more money over to the UK Government.

“There are lots of benefits to [being in Britain],” he said.

“It's very good for us, but to go back to shareholders and say, 'We looked at 200 countries but felt sorry for those British people so we want to [pay them more]', there is probably some law against doing that.”

Mr Schmidt’s defiant stance is unlikely to find favour on either side of the Atlantic with both the American and European Governments searching to find ways of forcing “stateless” internet companies such as Google to pay more tax.

The issue will be raised by George Osborne when Britain takes over the chairmanship of the G8 and will also be investigated by the Organisation for Economic Co-operation and Development (OECD).

Last week the Chancellor said he was committed to “leading the international effort” to prevent international companies transferring profits away from major economies, including Britain, to tax havens.

“We will put more resources into ensuring multi-national companies pay their proper share of taxes,” he said. “With Germany and now France, we have asked the OECD to take this work forward and we will make it an important priority of our G8 Presidency next year.”

Tonight Margaret Hodge, chairman of the powerful House of Commons Public Accounts Committee, which recently cross examined Google UK on its tax affairs said Mr Schmidt should be ashamed rather than proud of his company’s tax bill

“For Eric Schmidt to say that he is ‘proud’ of his company’s approach to paying tax is arrogant, out of touch and an insult to his customers here in the UK,” she said.

“Ordinary people who pay their taxes unquestioningly are sick and tired of seeing hugely profitable global companies like Google use every trick in the book to get out of contributing their fair share.

Google should recognise its obligations to countries like the UK from which it derives such huge benefits, and pay proper corporation tax on the profits it makes from economic activity here. It should be ashamed, not proud, to do anything less.
”

Border control in Brazil

Today the blog is launching a new weekly column. We will be counting on the invaluable contribution from Ms. Gringa da Silva, a foreigner who lives in Brazil and has some sharp-witted remarks to make about the country. 

The law part of the Brazilian Law Blog will remain under my responsibility. But Ms. Gringa's comments will certainly add some flavor to the usual FDI, IOF, Taxation, Importation and other legal conundrums that we all have learned to love. 

Enjoy!

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Welcome to Brazil - Bem-vindo ao Brasil 

Ah, the first post. It's always so exciting to begin something new.

So, you are about to arrive in Brazil, good for you. Have you got your paperwork in order? Got your vaccinations in order? Is your passport pretty and neat and without marks? Did you fill out your customs declaration form correctly?

You are about to enter the realm of The Brazilian Border (insert Twilight Zone music here), which is controlled by the Federal Police of Brazil. (We will be revisiting them many times as time goes on, so we'll just leave the summaries for later.)

Good things to know:

1) It is illegal to be rude to a bureaucrat in Brazil.

2) You can be denied entry to the country for being inconvenient.

3) No one (you actually need to speak English) speaks English.

4) No one at the border cares who you are; though they might care what your football team is.

5) It will take a while, so make friends in the line, stay calm and whatever you do, don't be iconvenient.

6) The line will be long, the instructions will be confusing, and the pressure of your bladder will be annoying.

You cannot escape the visa requirements, the paperwork, the possible fees incurred and customs regulations while entering Brazil and if you try, you might be denied entry.

Don't be an idiot by attempting to buy your way in or insult your way in, unless you fancy spending time in jail and a swift deportation with a possible clause prohibiting your return.

Know what is needed before you land. Have it all ready and at hand, and for heavens sake, if your mother packed a salami in your luggage (they have salami in Brazil, mom) tell them about it, don't try to import it illegally.

The Federal Police have no obligation to let you in and the particular flavour of bureaucrat you are about to meet is just looking for reasons to say the dreaded words: Falta! (error/ offence/ irregular/ not allowed)

So, when you find yourself all smelly from that billion hour plane flight, full of the delicious food you were served on the plane and dreaming of a bathroom that is larger than a carry-on bag, stay cool, be calm and for heaven's sake, be polite.

On the caipirinha scale, the border crossing rates a 1.

Until next week, yours in the spirit of cachaça,

Ms. Gringa da Silva

All rights reserved © 2012 by Ms. Gringa da Silva (http://msgringadasilva.orgfree.com/)

Brazil's economy: A breakdown of trust (from The Economist)

I'd recommend you to read this article from The Economist. I agree with it completely, specially when it mentions the government inclination to interfere in business through authoritarian legislation.

You may check it here or here.