Month: February 2024

Surely the Madrid Protocol has facilitated the trademark applications in the more than 120 signatory countries. The Protocol guarantees greater autonomy to the applicant and also represents financial savings, both in official fees and in legal fees.

 

Anyhow, it is extremely important to remember that after the entry of the national phase of each registration, the WIPO International Bureau is not responsible for notifying the applicant of all the movements in the designation procedure, which is why it is relevant that the applicant has a local representative to monitor this process.

 

With regards to requests made in Brazil, for example, it is important to consider that third parties can file an opposition against the request and the applicant would have to present their respective manifestation. In addition, the process, even after it has been granted, may be subject to a nullity proceeding or even a request for forfeiture. All such decisions are published only by the Brazilian Patent and Trademark Office (BPTO), without the WIPO International Bureau notifying the applicant. Thus, the applicant may have its request rejected or annulled without prior knowledge of the opportunity to present its defense before the BPTO.

 

 

Moreover, another relevant aspect is that a local office is able to monitor the registration applications that other third parties make before the BPTO, whether they are through the Madrid Protocol or through the national applications. These requests are also not reported by the WIPO International Bureau. Without a surveillance system in Brazil, third parties can have granted similar trademarks, and the international applicant will not be aware of this.

 

In view of all the above, is recommend that the international applicant always have a local representative appointed in its application, so they can be aware of all local procedure and potential conflicts with third parties.

 

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Author: Ana Luiza Pires e Cesar Peduti Filho, Peduti Advogados

Source: MANCHETE

 

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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.”

The “Dublagem Viva” movement (or “Alive Dubbing”) has been gaining traction in Brazil in recent weeks. It’s a campaign advocating for the regulation of technology in the face of artificial intelligence advancements.

An official website explaining the entire process has been launched, and Brazilian voice actors are reinforcing the hashtag #dublagemviva on social media posts urging a preference for skilled human professionals.

“Our interest is not to prohibit any technological evolution; we just want to ensure that what is merely a creative tool is not mistaken for our creator,” states a manifesto from the “Dublagem Viva” campaign.

 

 

The United Voices Artists, an organization that brings together various dubbing unions and associations worldwide, launched this global campaign in defense of the profession and the regulation of artificial intelligence in November of last year. It has already gathered over 50,000 signatures in a petition to prevent the replacement of human voice actors by robots.

 

If you want no know more about the topic of regulation regarding AI, fell free to contact Peduti Advogados associates.

 

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Author: Enzo Toyoda Coppola, Lígia Ferreira Marcondes Rocha and Cesar Peduti Filho,  Peduti Advogados.

 

Source: https://www.portalintelectual.com.br/dubladores-brasileiros-pedem-regulamentacao-da-inteligencia-artificial/

 

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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.”

The Brazilian National Data Protection Authority (“ANPD”) published a document called “Map of Priority Themes”, with the aim of establishing essential themes for the next 2 years.

 

This document should be used as input for the preparation of governance documents created during the period of its validity and for defining the action priorities of the ANPD’s technical areas.

 

 

The themes, therefore, are the following:

 

1. Rights of the data subject – aims to carry out inspection actions, especially guidance and preventive actions, within the scope of data processing carried out by the Public Authorities, digital platforms, the financial sector, and the telecommunications sector.
2. Children’s and teenagers’ processing of personal data in the digital environment – aims to carry out inspection actions to safeguard rights and ensure the protection of personal data and the best interests of children and teenagers in the digital environment.
3. Artificial intelligence for facial recognition and personal data processing – aims to identify potential risks in the processing of personal data within the scope of facial recognition systems and ensure compliance with the Brazilian General Data Protection Law (“LGPD”) regarding the processing of biometric data.
4. Data scraping and data aggregators – aims to verify processing operations to identify the possible need for appropriate measures to adapt to the LGPD.

 

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Author: Caroline Muniz, Lígia Rocha e Cesar Peduti Filho, Peduti Advogados.

 

Source: Mapa de Temas Prioritários estabelece principais linhas de ação até 2025 (https://www.gov.br/anpd/pt-br/assuntos/noticias/mapa-de-temas-prioritarios-estabelece-principais-linhas-de-acao-ate-2025); RESOLUÇÃO CD/ANPD Nº 10, DE 5 DE DEZEMBRO DE 2023 (https://www.in.gov.br/en/web/dou/-/resolucao-cd/anpd-n-10-de-5-de-dezembro-de-2023-530258528) 

 

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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.”

The BPTO (Brazilian Patent and Trademark Office) released in the last days of the year 2023, its 2024 Action Plan, consisting of 34 goals and 48 strategic initiatives, that will guide the Office’s work throughout the year.

 

With the mission of boosting innovation and business generation, leveraging income and employment through industrial property, the BPTO aims to consolidate itself as an office recognized for quality and efficiency, in line with the best international standards.

 

Among the strategic objectives set are the optimization of quality and agility in the granting and registration of industrial property rights.

 

For example, the BPTO has set itself the goal of reaching a decision on a technical examination of a patent application within 4.5 years. For trademark applications, the target is to obtain a decision in 18 months for applications where there is no opposition from third parties, and up to 22 months for applications with opposition.

 

 

In addition, the BPTO aims to promote the culture and strategic use of industrial property to foster competitiveness, innovation and development in Brazil, consolidating the country as a leading player in the international IP system, and raising society’s awareness of the issue.

 

To this end, among other initiatives, the BPTO intends to promote the restructuring of the BPTO’s career and position plan, implement process automation solutions and systems to review the quality of examination, including the use of AI (Artificial Intelligence).

 

The expectation is that the implementation of these goals will bring greater speed and quality to the technical examination undertaken by the BPTO, bringing legal certainty and efficiency to users of the system in Brazil.

 

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Author: Camila Cardeira Pinhas Pio Soares and Cesar Peduti Filho, Peduti Advogados.

 

Source: “INPI divulga Plano de Ação 2024 com projetos e metas” + https://www.gov.br/inpi/pt-br/governanca/planejamento-estrategico/pa2024_vf_27-12-2023.pdf (se tiver)

 

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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.”

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.”