Biography

Luis has been practising law in Brazil as a legal advisor and litigator for more than ten years in the field of intellectual property, notably trade marks, patents, intermediary liability and unfair competition. His practice encompasses experience in international arbitration covering  distribution and technology transfer agreements, confidential information and IP rights. More recently, Luis co-authored an amicus brief in a high-profile constitutional challenge case at the Brazilian Supreme Court dealing with patent law, TRIPS compliance and industrial policy.

Luis holds an LLB degree from Pontifícia Universidade Católica do Rio de Janeiro (Brazil), awarded with a full-tuition merit scholarship, and  MJur and MPhil (Distinction) degrees from the University of Oxford. He is currently reading for the DPhil and his research investigates the interplay between the functions theory and scope of protection in European trade mark law.

In the past years, he acted as a GTA teaching patents and copyright tutorials in both FHS IP options at Oxford (2016-2017), and Lecturer in the Intellectual Property Postgraduate Program at Pontifícia Universidade Católica do Rio de Janeiro (2008-2016). Luis also taught a number of visiting students at Hertford, St Catherine's and Harris Manchester.

Luis is a Visiting Teacher at the London School of Economics for the 2017-2018 academic year, leading copyright and patents seminars in the Intellectual Property Law undergraduate course

Languages: English, Portuguese

Publications

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  • Luis H Porangaba, 'A Contextual Account of the Trade Mark Functions Theory' (2018) Intellectual Property Quarterly 230
    The functions theory continues to be one of the most contentious issues in contemporary European trade mark law. In this article, I propose a reading of the CJEU jurisprudence by emphasising the theoretical distinction between trade mark use doctrine, as a defensive theory of immunisation, and functions theory operating through a contextual assessment. By focusing on confusion-based claims, I argue that the development of the functions theory is intertwined with and most productively understood alongside the increasing role of context in trade mark infringement. It should be seen as a doctrinal device that, together with a more realistic (or hybrid) construction of the average consumer, enabled infringement assessment to be infused with market realities, in response to the problems of abstraction that an expansionary trade mark doctrine had created. The emerging approach to the origin function has important lessons for how other functions ought to be assessed during infringement analysis.
  • Luis H Porangaba, 'Cartier v British Sky e as Ordens de Bloqueio Dirigidas a Provedores de Acesso à Internet – Uma Lição a Ser Aprendida? (Cartier v British Sky and ISP Blocking Injunctions – Is There a Lesson to Be Learned?)' (2015) 135 Revista da Associação Brasileira da Propriedade Intelectual 39
    Available in Portuguese only.
  • Luis H Porangaba, 'Breve Estudo Acerca do Princípio da Exaustão e dos Direitos Residuais sobre a Marca (Brief Study on the Exhaustion Doctrine and Residual Trade Mark Rights)' (2013) 122 Revista da Associação Brasileira da Propriedade Intelectual 65
    Available in Portuguese only.
  • Luis H Porangaba, 'Princípio da Exaustão e os Direitos Residuais sobre a Marca (Exhaustion Doctrine and Residual Trade Mark Rights)' (2011) Revista da Escola da Magistratura Regional Federal da 2ª Região 265
    Available in Portuguese only.

Research projects