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Court of Appeals of the State of Rio de Janeiro affirms trade dress infringement of stroller According to a decision issued by the 7th Civil Chamber of the Court of Appeals of the State of Rio de Janeiro1, the company Comércio Importação e Exportação Ltda must refrain from manufacturing, selling and promoting the stroller “Attractive” (...)

On July 31, 2019, the Brazilian Patent and Trademark Office (BPTO) announced the IP Digital Plan, which resulted from the cooperation between the Special Secretariat of Productivity, Employment and Competition, the Secretariat of Digital Government of the Ministry of Economy and the Special Secretariat of State Modernization. The new project aims at updating the BPTO’s (...)

On July 23, 2019, Decree No. 9.931/19 was signed, establishing the Interministerial Group of Intellectual Property (GIPI). Its main functions involve the proposal of actions, suggestions, and coordination related to Intellectual Property in Brazil. GIPI will be commanded by the Ministry of Economy and will be composed of 10 representatives from various ministries and governmental (...)

Decree re–creates the National Council to Fight Piracy and Crimes against Intellectual Property Decree No. 9.875/2019, published in the Official Gazette of June 28, 2019, re-creates the National Council to Fight Piracy and Crimes against Intellectual Property. The purpose of the Council is to establish guidelines for the proposal of a national plan to combat (...)

Decolar.com vs Decolando.com.br The 3rd Panel of the Superior Court of Justice decided1 that misleading consumers by using a trademark similar to another used by a well-established company generates moral damages and the duty to indemnify. The Reporter Justice Nancy Andrighi, acknowledged the anteriority of the plaintiff’s corporate name, domain name and trademark “Decolar.com” (in (...)

The Ministry of Citizenship, by means of the Special Secretariat of Culture, opened a public consultation for civil society to propose amendments to Law 9,610/98 (“Copyright Law”), aiming at adapting the Copyright Law to new technologies. All citizens, private associations and class entities may participate in the public consultation until August 28, 2019. The Ministry (...)

During the solemnity of 200 days of his government, the Brazilian President Jair Bolsonaro announced that he plans to transfer the National Film Agency – ANCINE to Brasília, in order to have more control over the agency. Last week, President’s spokesman declared that the government will no longer sponsor productions that are incompatible with the (...)

FaceApp and the Brazilian Data Protection Law FaceApp quickly became popular in Brazil by allowing users to change their photos and project an aged image of themselves. As a consequence of the current social and legal scenario, focused on the implications of technology, the new filter service was severely criticized because of the content of (...)