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According to a recent decision¹ issued by the 4th Business Court of Rio de Janeiro, the commercial use of excerpts from musical compositions on clothing articles, without prior authorization, infringes copyrights and, therefore, results in civil damages. In this case, Carmelo Maia, heir and holder of Tim Maia’s copyrights, filed a lawsuit against the clothing (...)

The Brazilian Patent and Trademark Office (BPTO) engaged external consultancy services in partnership with the United Kingdom’s Foreign and Commonwealth Office and the United Kingdom Intellectual Property Office (UKIPO). For three weeks, consultants will work together with the BPTO to collect information and maintain contact with examiners, managers and users of industrial property services. The (...)

On May 8, 2018, the Brazilian Patent and Trademark Office (BPTO) published Resolution No. 217/2018, which implements the fast-tracked examination of patents and patent applications for pharmaceutical products and processes, materials and devices related to neglected diseases Zika and Chikungunya, as well as rare diseases. According to World Health Organization (WHO), rare diseases are those (...)

Following its Action Plan for 2018, the Brazilian Patent and Trademark Office (BPTO) continues expanding international cooperation through Patent Prosecution Highway (PPH) agreements. Now, the BPTO will initiate the second phase of the PPH agreement with the US Patent and Trademark Office (USPTO), which will last until April 30, 2020. Through the PPH agreement, a (...)

Following the recommendation of the Superior Council of Cinema and demands of entities of the audiovisual sector, the National Film Agency (ANCINE) approved the creation of the Anti-Piracy Committee. The Committee will be responsible for the Anti-Piracy Program and for proposing agreements and partnerships with public and private institutions in order to improve anti-piracy actions. (...)

According to a recent decision¹ issued by the 9th Federal Court of São Paulo, Microsoft must offer an easy, direct and simple mechanism to allow users of Windows 10 to disapprove the collection and use of their personal content and data. In this case, the Federal Public Prosecutor filed a civil action seeking that Microsoft (...)

According to a recent decision¹ issued by the Brazilian Superior Court of Justice, the term of protection of mailbox patents is 20 years counted from its filing date. In this case, a pharmaceutical company filed a lawsuit against the Brazilian Patent and Trademark Office (“BPTO”), arguing that, due to the BPTO’s delay in examining its (...)

According to a recent decision¹ issued by the State Court of Rio de Janeiro, the mere illustrative reproduction of an artwork located in public venues does not constitute infringement of intellectual property rights. In this case, Mitra Arquiepiscopal of Rio de Janeiro, the entity responsible for the Catholic heritage of the city and for the (...)