Month: September 2017

Rio de Janeiro-based NGO AfroReggae has been suing Google since September 2016 for allegedly failing to give credit to the partnership that resulted in a project named Beyond the Map (Além do Mapa) – a series of 360-degree interactive videos showcasing the history of residents of the favelas of Rio de Janeiro, launched just before the Rio Olympics.

The NGO claims that it gave Google support in the incursion into the communities, presenting the company´s producers with local information, trivia and life histories, which was part of AfroReggae´s previous project named It Is In The Map (Tá no Mapa). AfroReggae was founded in 1993 with the mission of using the arts and culture as tools of social development. AfroReggae delivered its vital contribution to the project but Google surprisingly did not recognize the NGO in the credits of the service. In face of the frustrating situation, AfroReggae filed a case at the court in Santa Clara County (Silicon Valley, California), where Google’s headquarters is located.

In late June, the court gave the green light to AfroReggae’s action, opening the possibility for charging punitive damages. The NGO´s attorney explained that no set amount will be presented beforehand, since the assessment of the extend of the damage will be carried out by the court, which shall take in consideration the damage caused and the size of the company as well as warning it wants to give the company in order to avoid recurrence.

The NGO´s attorney sustains that Google took advantage of AfroReggae because the Olympics was a huge event, so an unique opportunity for promotion was lost.

Álvaro Petrillo
Attorney at law in Peduti

In July, the resolution 70/2017 was published by Brazilian Patent and Trademark Office (BPTO). In accordance with this new resolution, BPTO is not obliged to analyze the content of the contracts to register them.

In Brazil, the registration of contracts in BPTO is mandatory in order to remit royalties to foreign companies. Prior to this resolution, BPTO used to examine the contracts and the amount of payments. There could be a rejection based on the amount of the royalties to be paid. This procedure used to delay the registration of the contracts and without the registration the payments to foreign companies were not permitted.

Now, the registration has become simpler and faster, BPTO examines the formal aspects of the contracts and emit a registration certificate at latest within 01 month. Meantime, a safeguard is made: ”BPTO does not examine the contract in accordance with the tax legislation, tax legislation and remittance of capital abroad legislation”.