News

According to a recent decision ¹ issued by the Court of Appeals of the Federal District, Facebook is not required to publish a retraction on its users’ profiles due to offensive comments by third parties. The Court understood that users’ comments on the internet did not entail right of reply or correction as provided under (...)

Our associate and patent specialist Vinícius Loureiro Casciano is taking part in the National Meeting of Innovation in Drugs and Medicines – 11º ENIfarMed, at Firjan – RJ. The event aims to discuss relevant issues to the sector, such as preclinical studies and clinical research protocols and their conformity with international guides and the new (...)

In deciding Special Appeal No. 1652588/SP, the Brazilian Superior Court of Justice reaffirms that freedom of the press is limited by the public interest and the personality rights, in particular rights of image and honor. In this case, the Court held that the TV news under discussion contained offensive comments, which were not necessary to (...)

Marcelo Goyanes will attend a Ministry of Culture´s event about Intellectual Property in the digital environment, next monday, December 4th, in Brasilia (DF). With the support of ANCINE, the event will gather renowned specialists to discuss intellectual rights as a tool to foster innovation and economic development.  The panels will cover dispute resolution involving intellectual (...)

In deciding Special Appeal No. 1353451-MG, the Brazilian Superior Court of Justice held that denying court expert analysis in a case about unfair competition due to trade dress infringement constitutes limitation of defense and violates due process. Although a product’s trade dress is not subject to registration, it is protected by means of the legal (...)

In deciding Special Appeal No. 1673450 / RJ, the Brazilian Superior Court of Justice confirmed its understanding that the protection of corporate names are statewide, while trademark protection is national. Therefore, a prior corporate name is not sufficient to nullify a trademark registration. The companies must also be engaged in the same business activities. The reasoning was (...)

On November 7, 2017, the Brazilian Patent and Trademark Office (BPTO) published Resolution No. 202, which implements the Patent Prosecution Highway (PPH) pilot project with the European Patent Office (EPO). Following the traditional PPH format for international cooperation, a patent application may be fast-tracked at the Office of Later Examination (OLE) where a member of (...)

On November 8, 2017, the Brazilian Supreme Court upheld the constitutionality of several provisions of Law No. 12,485/2011, commonly known as the Paid TV Act. The imposition of quotas for national and independent content was declared constitutional, as well as the rules of cross-ownership, which prevent the exploitation of the content market by telecommunications companies, (...)