Cooking recipes and Copyright

Recently, the European Union’s highest court decided that the taste of a cheese does not qualify for protection.

In accordance with the court the taste of the cheese could not be defined precisely in order to have protection of copyright.

In Brazil, the copyright law stipulates that ideas and methods can not be protected as a copyright. There are lawsuits where cuisine chefs claim for the monopoly of recipes.

In general, Brazilian courts decides that recipes are methods and, for this reason, have no protection of copyright.

Regarding the taste, there is no protection in Brazil as well. If an industrialized product has a formula, in some cases, it could be patented.

Lawyer Author of the Comment: Laila Reis Araujo

Source

Headline: Who has the Copyright over my cheese?

“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.”

Pharmaceutical Patents and the problem of market monopoly

In a recent decision the Brazilian Trademark and Patent Office (INPI) granted to the company Gilead the patent of the drug sofosbuvir, used in treatment for hepatitis C.

The granting of this patent re-ignited a very old, but important discussion revolving the conflict between patents and competition problems, especially in this case where the patent prevented the production of a generic drug, which was the center of the whole controversy.

One of the most pressing issues on cases like this is the fact that by obtaining the patent Gilead has the power to charge whenever amount it demands, what is understable, but problematic, especially in cases related to health care, like this situation. On the other hand, the company invested money and effort on research and development of products, so it “deserves” to achieve good economic results due to its patent.

This situation will not be solved on a general level, but a balance can be achieved, for example, in this case, Gilead submitted a proposal to the Brazilian Ministry of Health offering lower costs and creating a partnership with public companies to produce a generic version of sofosbuvir in Brazil. However, the proposal was received with skepticism by its critics, like the Doctors Without Borders, that emphasis the high cost of the treatment, even with the new proposal, and the existence of different alternatives.

Lawyer Author of the Comment: Luciano Del Monaco

Source

Headline: Dona de patente que barra genérico contra hepatite C promete desconto a governo

“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.”

APPLE was allowed to use the trademark IPHONE

The Superior Court of Justice has issued a decision regarding the use of the trademark IPHONE in Brazil. The Brazilian company Gradient has registered the trademark in Brazil 06 years before Apple.

For this reason the Brazilian Trademark Office has rejected the trademark IPHONE for Apple in 2013. After that, both companies have started a lawsuit in order to discuss the use of the trademark IPHONE in Brazil.

Although Gradient has filed the trademark in Brazil before Apple request in any other country, the Superior Court of Justice has decided that both companies can use the trademark. Mainly, because nowadays Iphone is a well known trademark of Apple.

Lawyer Author of the Comment: Laila dos Reis Araujo

Source

“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.”