In a recent decision on the Extraordinary Appeal No. 702,362, the Brazilian Supreme Court of Justice has decided that the Brazilian Federal Courts are competent for judging all claims related to transnational copyright infringement – an infringement arising in one country with effects in a third country.

According to the decision, which is yet to be published, transnationality attracts the jurisdiction of the Federal Court, due to the constitutional provision to protect copyright – considered thus as a fundamental right under the Brazilian Constitution.

This judgment derives from a seizure of several counterfeit CDs coming from Paraguay to Brazil in 2009.

This decision of the Supreme Federal Court is especially important, considering the transnational nature of copyright infringement occurred in an online environment. In such cases, even though the content is provided aiming at a certain jurisdiction, considering that online contents are available worldwide, the effects of the infringement, consequently, are spread worldwide.

For local authors, this should be a welcome decision since it facilitates the access to justice in case of infringement of Brazilian authors beyond Brazilian borders.

Our litigation and copyright team is prepared to provide a multidisciplinary assistance in case of a potential transnational copyright infringement occurred or with effects in Brazil.

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Author: Alexandre Miura, Lígia Ferreira Marcondes Rocha and Cesar Peduti Filho, Peduti Advogados.

Source: https://www.mpf.mp.br/pgr/noticias-pgr2/2023/violacao-de-direito-autoral-transnacional-e-de-competencia-da-justica-federal

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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”