The Superior Court of Justice decides that the commercial exploitation of works permanently located at public places depends on the copyright owner’s authorization
In a decision issued by the 3rd Panel of the Superior Court of Justice1 (STJ), the court decided that works permanently located at public places cannot be freely exploited by third parties for commercial purposes, without journalistic intent, notwithstanding the provisions of article 48 of Law 9,610/98 (Brazilian Copyright Act). According to the court, the right to economically use works of this (...)
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Brazil discusses with foreign representatives about the compulsory licensing of patents related to medicines and vaccines against COVID-19
On September 1st, 2020, the Secretary of International Relations from the Brazilian Chamber of Deputies initiated a debate with representatives of countries that are developing medicines and vaccines against COVID-19, aiming to change Brazilian legislation to facilitate the compulsory licensing of patents in situations of public interest or national emergency. Bill No. 1462/2020 is at the heart of the discussions, as it provides for automatic licensing under these circumstances. (...)
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Brazil rises in global innovation ranking
On September 2, 2020, the World Intellectual Property Organization (WIPO) published the Global Innovation Index 2020. On this edition, the relevance of financial support for innovation activities is discussed by mapping of current financing mechanisms and considerations as to existing challenges and development tendencies. At the innovation global ranking, Brazil occupies the 62nd position this year. Despite of still (...)
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Bill of Law intends to establish copyrights payments due to journalistic content published by internet service providers:
The Bill of Law No. 4.255/20201, proposed by Senator Angelo Coronel, aims to implement copyright payment in case of journalistic content’s publication is made by internet service providers. In this regard, the bill promotes a revision of the Brazilian Copyright Law (Law No. 9.610/1998), allowing the copyright owner to notify the internet service provider, in order to receive the due compensation for its (...)
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State courts have no jurisdiction to order the defendant to refrain from using a trademark registered before the BPTO
The 6th Civil Chamber of the Rio Grande do Sul State Court held that a decision ordering the defendant to refrain from using a registered trademark necessarily depends on the previous cancellation of the corresponding trademark registration granted by the Brazilian Patent and Trademark Office (BPTO). Also, it emphasized that such judicial cancellation of a trademark registration would be in the jurisdiction of a Federal (...)
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The “Ronald McDonald Show”, promoted in schools in São Paulo, is considered an illegal practice of advertising for children
The Special Chamber of the São Paulo Court of Justice agreed with the lower court’s decision that recognized the illegality of the “Ronald McDonald Show”, promoted by the fast food chain McDonald’s in nurseries and early childhood schools in the state1. The judges decided, unanimously, that the publicity promoted by Mc Donald’s constituted advertising directed at children, and not merely an educational activity. The “Children (...)
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The structure of the Brazilian National Data Protection Authority is discussed by the Chief Minister of the General Secretariat of the Presidency
In a webinar held on August 20, 2020, the chief minister of the General Secretariat of the Presidency, Jorge Antônio de Oliveira Francisco, stated that the decree about the structuring of the National Data Protection Authority (“ANPD”) in Brazil have been finalized, and that the responsibility for such structure will belong to the Civil Office of the Cabinet of the President (...)
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Social network profiles cannot be blocked without the right of defense
The 18th Civil Court of Porto Alegre has granted a preliminary injunction ordering Facebook to reestablish the account of a sports reporter on Instagram, under penalty of a daily fine of R$ 500.00 (five hundred reais), limited to 30 days1. The lawsuit was filed by reporter Carlos Henrique Lacerda, known as reporter Lacerda, after his profile (...)
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