Month: July 2024

From a legal point of view, a software creation is seen as an intellectual creation, not an industrial one. Within this argument, Computer Programs are intellectual works resulting from the creative work of human beings and have the character of expressive originality.

 

Consequently, the legal nature of software has been guided by the Copyrigh regime. Thus, in Brazil, the legal protection given to computer programs has been based on the Copyright Law (Law 9.610/98). This fact is confirmed by Article 7 of the Copyright Law, which affirms that computer programs are subject to copyright protection.

 

In the same line, the Industrial Property Law, in its article 10, V, expressly forbids the registration of patents on computer programs.

 

 

Thus, as an author’s right, the protection of software is independent of any form of registration, so that protection extends for 50 years from its creation.  

 

The rights of copyright in software ensure that the owner has protection of the property rights related to the economic exploration of his or their work. This means that the reproduction, editing, distribution and use of the software by third parties without the authorization of the owner is expressly forbidden.

 

However, a software product that meets the requirements of novelty, inventiveness and industrial application, when integrated with hardware in such a way that it is essential for the latter’s functionality, may be patentable. This is because the hardware-software combination can constitute an invention or utility model. Thus, protection extends to the set as a whole, and not just to the software in its own right.

 

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Author: Isabela Nicolella Vendramelli, Thaís de Kassia R. Almeida Penteado and Cesar Peduti Filho, Peduti Advogados

Source: 

https://baptistaluz.com.br/espacostartup/propriedade-intelectual-sobre-software-uma-visao-geral/ 

https://www.ufsm.br/app/uploads/sites/762/2019/10/propriedade-intelectual-de-sofware.pdf

https://www.planalto.gov.br/ccivil_03/leis/l9610.htm 

 

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

The 12th Legal Forum in Lisbon discussed the regulation of artificial intelligence in Brazil, which aims to minimize risks and promote positive uses. Experts highlighted the advantages of AI, such as judicial process automation, and the associated risks, like job loss and privacy concerns. The proposed Bill 2.338/2023 seeks to establish a regulatory framework ensuring ethical AI use centered on human dignity.

 

The implementation of the bill is meant to bring various benefits to the Intellectual Property field in Brazil. By creating a clear regulatory framework for AI, the bill will provide a solid legal foundation to facilitate the protection of IP rights related to AI technologies – an urgent demand in a rapidly advancing landscape that requires a legal system that can keep pace with it.

 

The proposed regulation shall also encourage innovation by providing a more predictable legal environment for developers and companies working with AI. With clear rules on what is permissible and how new technologies will be protected, there will be less uncertainty and risk for investments in research and development. Therefore, a significant increase in the creation of new technologies and solutions is expected, strengthening the country’s position in the global scenario.

 

 

On top of that, the hybrid governance proposed by the bill, involving coordination between different regulatory agencies and a central authority, will ensure that AI regulation is efficient and adaptable to technological and societal changes. This model intends to a rapid response to new challenges, in order to ensure that IP rights are protected effectively.

 

The focus on human centrality and transparency is yet another positive aspect. Humans must have the final say in AI decisions, according to the bill, so the law can be effective against the misuse of technology and guarantee that fundamental rights, including IP rights, are respected. Transparency in AI governance also contributes to business trust, promoting a more secure environment for innovation.

 

This bill might represent a significant advancement for AI regulation in Brazil, bringing numerous benefits to Intellectual Property. If well implemented, it shall create a clear regulatory framework that encourages innovation. It might prepare Brazil to lead in the era of artificial intelligence, using and developing technology in an ethical and beneficial way.

 

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Author: Carlos Roberto Parra and Cesar Peduti Filho, Peduti Advogados.

Source: Regulação da IA no Brasil pode minimizar riscos e privilegiar usos positivos (https://www.conjur.com.br/2024-jun-27/regulacao-da-ia-no-brasil-pode-minimizar-riscos-e-privilegiar-usos-positivos/)

 

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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 response to the growth in the number of coffees with geographical indications in Brazil, producers from 14 regions came together to found the Institute of Coffee Producing Regions of Brazil with Geographical Indications. 

 

The Institute’s project is based on the development of a platform, called “Origem Controlada Café”, which will track and manage the coffees with geographical indications from these 14 regions and should be launched by the end of 2024. 

 

In addition, the institute aim to establish an integrated communication strategy between the regions, as well as to strengthen the governance structure., protecting regions with Geographic Indications. 

 

 

The creation of this institute is very positive, given that several coffee-producing regions are investing in recognizing areas with a geographical indication in order to reach new markets, socio-environmental practices, as well as increasing the added value of their products. 

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Currently, only these 14 regions are recognized as having a geographical indication, of which only 5 have a designation of origin and 9 have a designation of quality.

 

The creation of this institute proves and enhances the value of specialty coffee with geographical indications, guaranteeing its protection and putting the producer at the head of the business, becoming an excellent incentive for outside investors.

 

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Autores: Daniela Russo, Lígia Ferreira Marcondes Rocha e Cesar Peduti Filho, Peduti Advogados

Fontes:

 https://www1.folha.uol.com.br/blogs/cafe-na-prensa/2024/06/cafes-com-indicacao-geografica-crescem-no-brasil-e-produtores-criam-instituto.shtml 

 

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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.

Brazilian musicians and actors are advocating for a new bill that aims to update the regulations around copyright payments. The proposed legislation would require Big Tech companies to compensate for the use of creative works on social media and streaming platforms.

 

The primary goal is to enable authors, artists, and producers to negotiate fair remuneration from digital platforms.

Several aspects are under discussion, but the core idea is that if the bill passes in the Brazilian Congress, networks and platforms with more than two million users will have to pay content creators for using their texts, videos, audios, or images. Additionally, digital advertising will be regulated.

 

 

The bill also stipulates that rights holders can notify internet providers and demand either payment or the removal of content shared without authorization. That’s a provision strongly supported by artists.

 

Although the bill was scheduled for a vote, the version presented by the reporting deputy failed to address a key demand: compensation for works that have already been produced and are still being commercially exploited by platforms.

 

This deadlock has stalled discussions, and there is currently no indication of when the bill will be back on the agenda. On the other hand, producers of audiovisual works are mobilizing to push the legislative process forward.

 

If you want to know note about the topic, feel free to contact Peduti Advogados.

 

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Author: Enzo Toyoda Coppola, Thaís de Kassia R. Almeida Penteado and Cesar Peduti Filho.

Source: https://www.cnnbrasil.com.br/politica/camara-discute-remuneracao-de-artistas-por-big-techs/

 

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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.”

Children and teenagers are increasingly recognized as an important segment of consumers. It is common for children and teenagers to have access to goods and services from an early age, especially with the popularization of the Internet. Minors access websites, purchase products online, and use various services, all of which involve the collection and processing of personal data. This is an expanding and highly relevant market.

 

Concern about the processing of personal data of children and teenagers has significantly increased with the General Data Protection Law (Law No. 13.709/2018). The legislation addresses this issue in a specific chapter, providing legal support for the processing of personal information of those under 18 years of age.

 

To identify their consumers and offer increasingly personalized services, the collection of personal data is essential. Firstly, data collection is necessary to enable the provision of online services. Additionally, capturing additional information allows for the creation of specific behavioral profiles for children and teenagers. When it comes to children and teenagers, specific and prominent consent given by at least one parent or legal representative is required, as stipulated by law.

 

According to the LGPD, it is crucial that all information about the collection, processing, and disposal of personal data is clearly and accessibly communicated before the process begins. This transparency is especially important, considering the audience is in the developmental stage of their personality.

 

 

The digital environment can be dangerous for children and teenagers, as it is susceptible to scams, fraud, and theft of personal and financial data, potentially causing significant financial harm. Current legislation addresses the growing need for digital education, clarifying the risks involved in online activities.

 

Despite the clear legal obligations established by Article 14 of the LGPD, the National Data Protection Authority (ANPD) has recently also called upon civil society to participate in the Public Consultation, addressing the issue from the perspective of children and teenagers.

 

The participation of stakeholders is crucial for the ANPD to obtain detailed information before preparing the regulatory project concerning this group of data subjects. The consultation is available for 30 days from June 18, 2024, and may be extended, through the Participa+ Brazil Platform.

 

Given that the personality of minors is still developing, and personal data is considered an extension of their physical presence, it is natural for the regulator to focus efforts on regulating legislation through this regulatory project. The topic is vast and affects a significant portion of Brazilian society, which is why the Public Consultation does not exhaust the subject. It will need to be revisited at different times to expand its scope, being a cross-cutting theme in all actions of the ANPD.

 

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Author: Daniel Eustáquio Ramos Marinho, Lígia Ferreira Marcondes Rocha and Cesar Peduti Filho, Peduti Advogados.

 

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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.”