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Philippe Bhering

Philippe Bhering

Born in Rio de Janeiro, RJ, Brazil; admitted to the Brazilian Bar (Rio de Janeiro Chapter in 2006; São Paulo Chapter in 2016).

Academic background:

  • Universidade Candido Mendes, Rio de Janeiro (Bachelor’s Degree in Law, 2006);
  • Ludwig-Maximilians-Universität, Munich, Germany (LL.M., 2010);
  • Ludwig-Maximilians-Universität, Munich, Germany (PhD, 2021).

Additional information:

  • Guest Researcher at the Max-Planck-Institut für Geistiges Eigentum, Wettbewerbs- und Steuerrecht, in Munich, from October 2009 to March 2010, 2016 and 2018;
  • Research Assistant at the International Max Planck Research School for Competition and Innovation, in Munich, from January 2010 to June 2010, working under Prof. Dr. Reto Hilty;
  • Elected member of the Trademark Law and Practice Team of the Association of European Trade Mark Owners – MARQUES (2010-2020 term);
  • Elected member of the Enforcement Committee of the International Trademark Association – INTA (2010-2011 and 2012-2013 terms);
  • Elected member of the Anticounterfeiting Committee of the International Trademark Association – INTA (2014-2015 and 2022-2023 terms);
  • Elected member of the International Amicus Committee of the International Trademark Association – INTA (2016-2017 and 2020-2021 terms);
  • Elected member of the Board of Directors of ABPI – Brazilian Intellectual Property Association (2018-2019 and 2020-2021 terms);
  • Elected member of the Anti-Counterfeiting and Parallel Trade Team of the Association of European Trade Mark Owners – MARQUES (2019-2021); and
  • Philippe Bhering heads the German Desk of Bhering Advogados. The desk has for the past seven years been recognized by Chambers & Partners Global. The ranking highlights the German Desk as advising German clients of various industry sectors on issues of patents, trademarks, licensing, enforcement and IP litigation.

Recognitions:

  • Named as recommended lawyer in the field of Intellectual Property by Legal 500 – Latin America, 2012 (“deep IP background and work of outstanding quality”), 2013, 2014 (“dynamic lawyer with substantial experience in intellectual property matters”), 2015 (“very dedicated “), 2016, 2017 (“reliable” and “effective”), 2018, 2019 (“detail oriented”; “very skilled, responsive and helpful”, who also provides “sound commercial advice”) , 2020, 2021 (“responsive, practical and clear. Philippe Bhering and his team are my go-to firm in Brazil”; “stands out for his professionalism and efficiency”; “very responsive, approachable and commercially sound. He’s got a great knowledge of the industry, and his experience / qualification in Germany also gives him an excellent understanding of the issues from an European perspective” and “Philippe Bhering is a great attorney, very sharp and reliable”) editions, and leading individual in the field of Intellectual Property, 2022 (“extremely responsive, helpful, and his legal advice has turned out always correct”; “incredibly bright, articulate and modest, Philippe’s relentless dedication and commitment for his clients is staggering”; “Philippe Bhering and his team are excellent”) edition;
  • Named a leading lawyer in the field of Intellectual Property by Chambers & Partners Latin America, 2013 (“an emerging name who earns praise for being internationally minded and quick to respond”), 2014, 2015 (“is held in high esteem by clients” and “Philippe has represented us before the courts in both Rio and São Paulo and has consistently obtained successful results early in the proceedings”), 2016 (“draws praise from clients for his hands-on atitude“), 2017 (“has a comprehensive experience of a variety of IP matters including litigation, trade mark and enforcement against unfair competition”), 2018 (“an excellent lawyer who I highly recommend for his timely and well-founded legal advice” and “He is an outstanding lawyer who speaks great German”), 2019 (“Very active and sharp”; “exceptional soft skills, hands-on approach and clear advice”; “business-oriented perspective dealing with disputes“) 2020 (“a lawyer who does high-level work and provides targeted advice, with a keen ability to understand complex issues, chart a course of action and execute it in a timely and responsive manner”) and 2021 (“Intelligent and swift”; “able to solve our issues in a quick and effective manner”; “diverse IP knowledge regarding patent and trade mark licensing and contentious matters before administrative and judicial courts”; “expertise in anti-counterfeiting matters and software issues”) editions;
  • Named a leading lawyer in the field of Intellectual Property by Chambers & Partners Brazil, 2021 (“Provides a broad spectrum of services, ranging from developing anti-counterfeiting programmes and providing legal opinions to litigation advice” and “his advice is always precise, well supported by legal arguments and neatly drafted”) edition;
  • Named as leading lawyer in the field of Intellectual Property by Chambers & Partners Global, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021 and 2022 editions;
  • Named ‘Foreign Expert – Germany’ in the field of Intellectual Property by Chambers & Partners Global, 2013, 2014, 2015, 2016, 2017 (“He advises several well-known German companies on trade mark matters in South America. He regularly assists adidas and advised it on all its filing and industrial design drafts for the 2014 World Cup”), 2018 (“He is consistently praised for his German language capabilities” ; “He counts numerous large German companies among his clients”), 2019 (“has a deep understanding of German IP law, which makes it easy to discuss cases bearing in mind all perspectives of European and Brazilian law”), 2020 (“He is an excellent lawyer and very flexible. Apart from this, his German is excellent”; “he is a lawyer who does high-level work and provides targeted advice, with a keen ability to understand complex issues, chart a course of action and execute it in a timely and responsive manner”), 2021 (“frequently acts for German clients (…) in trade mark nullity and infringement proceedings”) and 2022 editions;
  • Named as Intellectual Property Star by Managing Intellectual Property, 2014, 2015, 2016 (“Philippe Bhering’s thoughtful litigation strategy and effective representation in front of the Rio de Janeiro court lead to eventual settlement that was strongly in our favor”), 2017 (“very good and very skilled”), 2018 (“great understanding of both the legal and commercial issues” ; “a superb IP lawyer” and “always friendly and accessible“), 2019, 2020 and 2021 editions;
  • Named as a leading lawyer in the field of Trademarks by World Trademark Review (WTR 1000), 2017, 2018 (“provides a level of trademark expertise that is unmatched in Brazil, and he is extremely responsive.”; “if you have a question, he is quick to get back to you with sophisticated advice”; “he understands customer service, gives commercial advice and is willing to say when something is not possible.”), 2019, 2020 (“well-connected and globally respected” and “the outfit’s greatest litigation weapon”; “he gets to know clients’ strategies and approach to commercial IP disputes, maintaining a calm and responsive manner when troubles brew, guiding them through their options and recommending clear action plans.”), 2021 (“extensive international experience serves him well in complicated cross-border dialogues; “sets a precedent of timely, thorough and on-point work, with unmatched attention to detail.”) and 2022 (“extremely hardworking and always goes the extra mile”; “thinks outside the box, provides clear and well-structured advice, and is a sharp, versatile and highly efficient litigator with great instincts and experience”; “a go-to for many German and other brands.”) editions;
  • Named as a leading lawyer in Patent Litigation by IAM Patent 1000, 2017 (“he also heads the litigation division – an extremely reliable and trustworthy group whose communications are timely and language skills excellent”; “Bhering and his team’s substantive knowledge of Brazilian IP Law and client service are both exemplary”), 2018 (“ever in high demand for his contentious expertise”; “Wins praise for being eminently professional. An intelligent man, he is fluent in English and German. Foreign associates have nothing but respect and admiration for him. Whether on the defensive or the attack, he excels”), 2019 (“balances his sparkling advocacy with management of the firm’s Sao Paulo office and German desk. Trilingual in Portuguese, English and German, he is an inter-continental client magnet”), 2020 (“client-focused attitude sets him apart – he is talented, approachable, extremely knowledgeable and very punctual with correspondence, unlike many others.”) and 2021 (“a very responsive, professional and collegial practitioner who can resolve conflicts in the bud”; “extremely effective in handling infringement proceedings and nullity actions”) editions;
  • Named as IP Leader by World Intellectual Property Review (WIPR Leaders), 2016, 2017, 2018. 2019, 2020 and 2021 editions;
  • Named as a leading lawyer in the field of trademarks by Who’s Who Legal 2017 (“impressive trademark practice” and “enviable list of German clients”), 2018 (“very responsive and thorough practitioner who is greatly appreciated for his impressive international trademarks practice“), 2019 (“excellent practitioner” and “very well prepared”; “handles a range of e-commerce, piracy and licensing issues, “seasoned trademarks lawyer who is praised for his knowledge in the field and attention to detail“, “impressive understanding of IP law“), 2020 (“impresses with his encyclopaedic knowledge of Brazilian IP laws“) and 2021 (“carefully considers an approach that keeps core business in mind”; “his knowledge is vast and he is very thorough” and “incisive handling of complex trademark issues“) editions;
  • Named as a Thought Leader in Trademarks in Brazil by Who’s Who Legal, 2020 and 2021 editions;
  • Named as Litigation Star in Intellectual Property, by Benchmark Litigation Latin America, 2019, 2020 and 2021 editions;
  • Recognized as one of the best lawyers in Brazil in the field of Intellectual Property by Best Lawyers, 2020, 2021 and 2022 editions;
  • Recognized as key partner in the Intellectual Property field in Brazil by Latin Lawyer 250, 2021 edition.

Publications:

  • Bhering, Philippe. A aplicação do trade dress na indústria da moda (The application of trade dress in the fashion industry), Valor Econômico newspaper July 18, 2008;
  • Bhering, Philippe. Ambush Marketing: The Lie of the Land in Brazil, World Intellectual Property Review, May 2012 edition;
  • Bhering, Philippe. O marketing de emboscada e os grandes eventos esportivos (Ambush marketing and major sporting events), Meio & Mensagem, November 05, 2012
  • Bhering, Philippe. Taking TRIPs: The Enforcement of IP in Brazil, World Intellectual Property Review, May 2013 edition;
  • Bhering, Philippe. Progress at last: Brazilian IP Reform, World Intellectual Property Review, September 2013 edition;
  • Bhering, Philippe. Amicus Curiae in the New Brazilian Code of Civil Procedure. INTA Bulletin. Vol. 71 N. 9, May 15, 2016;
  • Bhering, Philippe. An overview of the combat against counterfeit trade marks in Brazil – e-Bulletin of the European Communities Trademark Association – ECTA, March issue, 2018;
  • Bhering, Philippe. Fighting against counterfeits in Brazil, HouseMarques, September 2019 edition 105;
  • Bhering, Philippe. Inovação, Propriedade Intelectual e o Desenvolvimento do Brasil (Innovation, Intellectual Property and the Development of Brazil), Informativo Acontece Câmara, Brazil-Germany Chamber of Commerce Newsletter Paraná Chapter, November 2020;
  • Bhering, Philippe. Die Bekämpfung der Markenpiraterie in Brasilien (Fighting against Counterfeit Trademarks in Brazil), Recht & Steuern, Brazil-Germany Chamber of Commerce and Industry of São Paulo, Vol.4, 2020;
  • Bhering, Philippe. Highly renowned trademarks in Brazil, in: Fame in South America: how to establish and wield well-known status, World Trademark Review Magazine (WTR 86), Winter Edition 2020/2021;
  • Bhering, Philippe. Inovação e segredo de negócio: debate necessário (Innovation and trade secret: necessary debate), in: Blog do Fausto Macedo, Estadão, March 8, 2021;
  • Bhering, Philippe. Inovação e sistema de patente em xeque? (Innovation and Patent System at risk?), in: Blog do Fausto Macedo, Estadão, April 28, 2021;
  • Bhering, Philippe. Rückblick 2020: einige der wichtigsten Entwicklungen auf dem Gebiet des geistigen Eigentums in Brasilien (2020 in Retrospect: some of the most important facts in the field of Intellectual Property in Brazil), Recht & Steuern, Brazil-Germany Chamber of Commerce and Industry of São Paulo, Vol. 1, 2021;
  • Bhering, Philippe. Grenzbeschlagnahme und Piraterie in Deutschland und Brasilien unter Berücksichtigung des Transits von Markenwaren (Border Seizure and Piracy in Germany and Brazil under consideration of Trademark Goods in Transit), Utzverlag, October 26, 2021;
  • Bhering, Philippe. World Trademark Review Yearbook, The IP Media Group, 2012, 2013, 2014, 2015, 2016, 2017 and 2018 editions;
  • Bhering, Philippe; Bittencourt, Augusto. World Trademark Review Yearbook, The IP Media Group, 2019 edition;
  • Bhering, Philippe; Oikawa, Alysson. Latin Lawyer Reference – Intellectual Property, Law Business Research, 2012, 2013, 2014, 2015, 2016 and 2017 editions;
  • Bhering, Philippe; Maurer, Jiuliano. Latin Lawyer Reference – Intellectual Property, Law Business Research, 2018 and 2019 editions;
  • Bhering, Philippe; Kaway, Mina. Getting the Deal Through – Trademarks, Law Business Research, 2012, 2013, 2014, 2015 and 2016 editions;
  • Bhering, Philippe; Maurer, Jiuliano. Getting the Deal Through – Trademarks, Law Business Research, 2017, 2018, 2019, 2020 and 2021 editions;
  • Bhering, Philippe; Kaway, Mina; Maurer, Jiuliano. Getting the Deal Through – Licensing, Law Business Research, 2013, 2014, 2015, and 2016 editions;
  • Bhering, Philippe; Maurer, Jiuliano; Spitz, Mina; Tinoco, Karlo Fonseca. Getting the Deal Through – Licensing, Law Business Research, 2017 edition;
  • Bhering, Philippe; Maurer, Jiuliano; Tinoco, Karlo Fonseca. Getting the Deal Through – Licensing, Law Business Research, 2018 edition;
  • Bhering, Philippe; Maurer, Jiuliano; Getting the Deal Through – Licensing, Law Business Research, 2019, 2020 and 2021 editions;
  • Bhering, Philippe; Maurer, Jiuliano; Merola, Flávia; Toegel, Rafael. Getting the Deal Through – Patents, Law Business Research, 2016, 2017 and 2018 editions;
  • Bhering, Philippe; Maurer, Jiuliano; Toegel, Rafael. Getting the Deal Through – Patents, Law Business Research, 2019 edition;
  • Bhering, Philippe; Maurer, Jiuliano. Getting the Deal Through – Patents, Law Business Research, 2020 and editions;
  • Bhering, Philippe. World Trademark Review Yearbook, A global guide for practitioners, 2021/2022 edition.

Lectures:

  • Collabs na Moda (Collabs in Fashion), VI International Congress of Fashion Law, Fashion Law Commission (CDMD) of the Brazilian Bar Association – Rio de Janeiro Chapter (OAB-RJ), November 09, 2021 [4B panel moderator];
  • The Social, Economic and Ethical Impacts of Counterfeiting, Association of European Trade Mark Owners – MARQUES, Annual Conference, The Hague, September 13, 2021 [moderator];
  • PI no Agronegócio: da tecnologia genética à automação (IP in Agribusiness: from genetic technology to automation), 41th International Congress of Intelectual Property – ABPI, Rio de Janeiro, August 25, 2021 [Panel 5 moderator];
  • Questões práticas e atuais do combate à contrafação e à pirataria no Brasil (Practical and current issues in the fight against counterfeiting and piracy in Brazil), 41th International Congress of Intelectual Property – ABPI, Rio de Janeiro, August 25, 2021 [Table Topic 13 moderator];
  • O Combate à Contrafação e à Pirataria no Brasil – Aspectos Práticos e Atuais sobre o Tema (The fight against Counterfeiting and Piracy in Brazil – Practical and Current Aspects), Brazil-Germany Chamber of Commerce (AHK), April 28, 2021 [moderator];
  • Segredo de negócio: Proteção, Espionagem e Direito Comparado (Trade Secrets: Protection, Espionage, and Comparative Law), Revista Justiça e Cidadania, March 11, 2021 [speaker];
  • Trade Dress de Estabelecimentos Comerciais – interseção entre Moda, Arquitetura e Direito (Trade Dress of Commercial Establishments – intersection between Fashion, Architecture and Law), V International Congress of Fashion Law, October 10, 2020 [7th panel moderator];
  • Estratégia Nacional de Propriedade Intelectual (National Intellectual Property Strategy), 40th International Congress of Intelectual Property, – ABPI, Rio de Janeiro, October 22, 2020 [Table Topic 14];
  • O Protagonismo das Patentes em tempos de COVID-19 (Patent Protagonism in times of COVID-19), 40th International Congress of Intelectual Property – ABPI, Rio de Janeiro, October 20, 2020[Panel 4];
  • Litígio de Propriedade Intelectual no exterior: dicas para estratégias de sucesso (Intellectual Property Litigation Abroad: Tips for Successful Strategies), 40th International Congress of Intelectual Property – ABPI, Rio de Janeiro, August 27, 2019 [10th panel moderator];
  • Cultural Intelligence for Trademark Lawyers Today – A soft skill often underestimated, International Trademark Association – INTA, Annual Conference, Orlando, May 14, 2016;
  • Transferência de Tecnologia: Aspectos legais (Transfer of Technology: Legal Aspects) – German Chamber of Commerce, São Paulo, October 19, 2015;
  • Franchise Agreements in Brazil, Seminar “The Art of Franchising”, Association Internationale des Jeunes Avocats – AIJA, Frankfurt, October 2, 2015;
  • As Funções do Direito Autoral e dos Desenhos Industriais (The Functions of Copyright and Industrial Designs), As Funções dos Direitos de Propriedade Intelectual no Século XXI, French-Brazilian Seminar, Candido Mendes University, Rio de Janeiro, November 11, 2014 [5th panel moderator];
  • O Marketing de Emboscada e os Grandes Eventos Esportivos – reflexões práticas e jurídicas (Ambush Marketing and Major Sporting Events) – German Chamber of Commerce, São Paulo, April 9, 2014;
  • Propriedade Intelectual e Copa do Mundo: aspectos cíveis e penais (Intellectual Property in the World Cup: aspects of Civil and Criminal Law) – School of Law for Federal Judges of the 5th Region (Ceará chapter), May 23, 2013;
  • O Marketing de Emboscada e os seus reflexos econômicos e jurídicos (Ambush Marketing and its economic and legal effects) – German Chamber of Commerce, São Paulo, April 22, 2013;
  • O Marketing de Emboscada e os Grandes Eventos Esportivos (Ambush Marketing and Major Sporting Events) Spanish Chamber of Commerce, São Paulo, August 29, 2012.

Memberships:

              • OAB – Brazilian Bar Association (Rio de Janeiro and São Paulo);
              • ABPI – Brazilian Intellectual Property Association;
              • INTA – International Trademark Association;
              • GRUR – Deutsche Vereinigung für gewerblichen Rechtsschutz und Urheberrecht e.V.;
              • MARQUES – Association of European Trade Mark Owners;
              • AIJA – Association Internationale des Jeunes Avocats.
              • ECTA – European Communities Trade Mark Association;
              • AIPPI – The International Association for the Protection of Intellectual Property.

Languages:

Portuguese, English and German.

Areas of Practice:

Trademarks, Copyright, Software, E-commerce, Licensing, Unfair Competition and Piracy, Civil and Criminal Ligation.