Cultural Incentive Law and the future of artistic productions in Brazil

The brazilian cultural incentive law (Known as “Rouanet Law”) suffered big changes regarding fundraising limits.

The most striking change was the decrease in the amount that can be raised by producers and art business in general using the law: from 60 million to 1 million.

First, it is important to understand how the Rouanet law works: companies act as sponsors by investing in cultural activities such as exhibitions, music festivals and literary production. In return, the company can deduct this amount for income tax purposes. The deductibility limit is 4% of the corporate income tax. For example, if a company pays R $ 10 million of Income tax, it can allocate R $ 400,000 to encourage and sponsor a cultural project. This amount will be deducted of the income tax for the following year. 

The producer who wishes to obtain corporate sponsorship has a maximum value that can be raised using the law. This is the value that changed in the new wording, from sixty million to one million. This will directly impact large-scale art works that require a high investment to establish themselves in Brazil, such as original Broadway musicals.

These artistic productions require a great initial investment for hiring employees, rental of spaces for rehearsals and exhibitions, and many others.

With the limit of the amount receivable being only 1 million reais, cultural producer who wishes to present foreign works in Brazil will be hugely affected, and will need to develop new sources of sponsorship to reach their objectives.

New methods of raising Money is already being explored, the most popular being crowdfunding. This system is still on it’s early days, and there’s much to learn from the upcoming experiences.

We continue to monitor changes in Brazilian cultural development and inform decisions that impact the investment in the artistic sector.

Lawyer Author of the Comment: Vittória Cariatti Lazarini
Source
Headline: Velhas atitudes emperram uso de alternativas à Lei Rouanet

“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.”

BMW wins Lifan in case of unfair competition.

Those who follow the auto market will surely remember the case involving the Mini brand, which is represented by BMW do Brasil, and Lifan, the Chinese car brand.

In 2010, Chinese automobile manufacturer Lifan launched the Lifan 320 model on the Brazilian market, and started na unfair competition war with the already famous Mini Cooper model, manufactured by BMW.

In 2012 BMW of Brazil filed a lawsuit seeking the immediate suspension of sales of this Model due to existing unfair competition. Although BMW was granted with early relief, the Court of Justice overturned the lower court’s ruling, “allowing” even preliminary, the continued sale of the Lifan 320 model.

7 years after filing the lawsuit, Rio de Janeiro Court of Justice finally ruled the case, and sentenced Lifan for unfair competition, ordering compensation for moral and material damages to BMW of Brazil.

The problem is the time that such ruling took. The Lifan 320 model has not been sold in Brazil since 2014, and the last units were model 2013. That is, the sentence arrived five years late for BMW.”

Lawyer Author of the Comment: Vittória Cariatti Lazarini

“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.”

 

Peduti Brazil at AIPPI 2019 in London

We are glad to announce that Peduti Advogados will attend the AIPPI World Congress 2019 from September 15 to 18 in London. Our firm will be represented by the managing partner Mr. Cesar Peduti Filho.
If you want to discuss Intellectual property in Brazil and schedule a meeting feel free to contact us by email inter@peduti.com.br
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”
“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”