Author: pedrobar

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.”

At the frontier of Intellectual Property, a dilemma comes up: is it possible for creations generated by Artificial Intelligence (AI) to be protected? Currently, patent applications for such inventions face barriers in several jurisdictions around the world.

 

In the face of this impasse, a discussion has emerged about the necessity of a specific approach to the protection of AI creations. Recently, in February 2024, a proposed legislation was presented with the intention of modifying the Industrial Property Law (Law 9.279/96), proposing that AI systems could be considered the authors of their own inventions, granting them intellectual property rights. Under this proposal, the AI system would be considered the inventor.

 

 

In Brazil, the official patent authorities are studying the idea of considering AI systems as inventors, particularly in cases involving human intervention. This debate gains relevance with the “Dabus” case, which is a system that has been granted inventor status in patent applications. In 2019, the “Dabus Case” attracted attention in the UK when the creator of the system tried to register two inventions autonomously generated by AI. However, these applications were rejected in Europe, the United States and Brazil, due to the non-existence of a qualified inventor.

 

This discussion illustrates the possibility of re-examining and adapting intellectual property laws to deal with the complexities of the Artificial Intelligence age. The issue of recognizing AI systems as inventors is not only a legal challenge, but also raises ethical and practical questions about the attribution of responsibilities and rights.

 

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

Source:  https://www.portalintelectual.com.br/protecao-especifica-para-ia-ganha-forca-na-area-de-propriedade-intelectual/

https://www.conjur.com.br/2024-mai-21/o-inventor-robo-as-criacoes-da-inteligencia-artificial-merecem-protecao-legal/

 

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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 Mechanical Licensing Collective (MLC), an American collective of songwriters, has filed a lawsuit before the federal court in New York to claim the payment of royalties owed by the streaming platform Spotify, the collective alleges that there was underreporting by the company, generating a debit balance of 50% on the total revenue.

 

Spotify estimates that in 2023 the revenues of publishers and copyright collective management entities will have reached their record high and that in 2024 the revenue will be even higher. However, the collective entities believe that there may still be a loss of up to 150 million dollars in unpaid amounts, alleging that the platform violated the rules when classifying the audios, changing the category at the time of distribution and, consequently, reducing the royalty leave previously established for payment.

 

In the United States, the collective management of copyrights is promoted by entities appointed by the U.S. Copyright Office (USCO), in the case of streaming reproductions, this collection is the responsibility of the Mechanical Licensing Collective (MLC), appointed by the (USCO). The MLC also has the power to negotiate and provide licenses to digital platforms, such as Spotify. Subsequently, MLC also distributes royalties to artists.

 

 

Spotify itself, on its website, defines MLC control work as follows:

 

“MLC receives notices and reports from digital music providers, identifies musical works and their owners to make payments, and collects and distributes royalties to songwriters, lyricists, music producers, administrators, and CMOs.”

 

In Brazil, this management also follows very similar steps. In Brazil, ECAD is the body responsible for collecting and distributing music copyrights to authors and other owners. This body is managed by seven other associations representing different categories of members, such as composers, performers, musicians, publishers and affiliated phonographic producers.

 

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Advogado(a) autor(a) do comentário: Ana Luiza Pires, Lígia Ferreira Marcondes Rocha e Cesar Peduti Filho, Peduti Advogados

Fonte: https://www.terra.com.br/byte/coletivo-de-compositores-processa-spotify-por-milhoes-de-musicas-sem-pagamento-de-royalties,7515ed97e1169ae3c3fb8e255ee9d2421sp0ussi.html 

 

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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.

Apple has shown significant concern about the potential for advancements in artificial intelligence to undermine its dominant position in the global smartphone market. To safeguard itself against these new and advanced technologies, the company is contemplating major changes. Firstly, it is developing a generative artificial intelligence tool to enhance the usefulness of its ‘Siri’ assistant.

 

According to the New York Times, Apple is undergoing its most significant reorganization in a decade as it strives to keep pace with advancements in artificial intelligence technology. To understand the scale of this concern, consider that the company even cancelled its autonomous car development project as it had to reassign hundreds of engineers to focus on artificial intelligence.

 

What we have heard so far is that the improved version of Siri should be more private than competing AI services, as it will process requests directly on iPhone devices rather than remotely in the cloud.

 

On the other hand, Apple is concerned that if it doesn’t succeed in its current efforts, iPhone technology will become obsolete compared to other devices equipped with the latest technology.

 

 

It’s important to note that the news of this concern comes at the same time as the Council of the European Union has approved the Artificial Intelligence Act, which will regulate the new technology.

 

According to the EU’s own statement, the new law aims to foster the development and adoption of safe and reliable AI systems across the EU single market by both private and public entities. Simultaneously, it seeks to ensure the protection of the fundamental rights of EU citizens and to encourage investment and innovation in artificial intelligence in Europe.

 

There is therefore no doubt about the topicality of the subject of artificial intelligence, both in the legal and business world, and the efforts being made by public and private organisations to make better use of the technology.

 

As this is a new subject with many nuances and approaches, it is worth contacting a lawyer specialised in intellectual property to understand the limits of protection and exploitation that exist to date. Peduti Advogados can help you with this.

 

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Author: Marília de Oliveira Fogaça and Cesar Peduti Filho, Peduti Advogados.

Source: Worried about falling behind, Apple reorganizes around AI + https://www.semafor.com/article/05/10/2024/worried-about-falling-behind-apple-gets-scrappy-on-ai 

 

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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 renowned Lacoste brand initiated a lawsuit in Brazil towards the end of last year to prevent the sale of clothing resembling its iconic green crocodile logo, as reported by Lauro Jardim’s column in O Globo newspaper.

 

The lawsuit targeted Cartelo, a brand with a similar green crocodile symbol, along with Ecom Factory, the seller of these products. Shopee, an online marketplace, and Facebook, a social media platform, were also named as defendants for promoting Cartelo’s products.

 

Claiming significant harm to its Brazilian business, Lacoste alleged Cartelo’s actions amounted to counterfeiting and unfair competition. In the lawsuit, Lacoste demanded Ecom Factory cease selling Cartelo products and sought compensation of R$50,000. The brand also urged the court to compel Shopee and Facebook to remove ads featuring Cartelo’s items.

 

 

The São Paulo court sided with Lacoste, ordering Ecom to halt the sale of Cartelo’s items and instructing Shopee and Facebook to remove related advertisements.

 

While Shopee complied with the ruling but planned to appeal, Facebook also appealed citing an error in the court’s decision. Ecom Factory claimed it was merely a reseller and not responsible for Cartelo’s brand.

 

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Author: Enzo Toyoda Coppola, Junior Associate and Cesar Peduti Filho, Managing Partner of 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.

These days, we’re coming across new technologies capable of reading our brain waves while we sleep, meditate and even when we use dating apps.

 

We can’t disagree that, although it’s innovative, our biological and neural data is extremely sensitive, as it demonstrates everything we are, feel and think.  

 

For these reasons, the state of Colorado, in the United States, has introduced a new bill to make the protection of this data more extensive, with the aim of protecting consumers, who may suffer from the lack of regulation by major companies.

 

The new law will serve as an extension to the Colorado Privacy Act, making companies face even stricter regulations on how they can handle this data. 

 

As well as being the first law to be passed in the United States for this purpose, it is hoped that it will serve as an example for other states to do the same, although California and Minnesota are moving in a similar direction.

 

In Brazil, measures are already being taken to protect neural data. 

 

 

Through Bill 522/22 the aim is to regulate, through insertions in the General Personal Data Protection Law (LGPD), information obtained by central nervous system activities, whether by invasive or non-invasive technology, in order to protect mental privacy and personal autonomy.  

 

According to the bill, the processing of neural data will only take place when the data subject consents, for specific purposes, even in clinical circumstances.

 

We can agree that neural data is the most personal when it comes to the privacy of each individual. 

 

It is extremely necessary to have a regulation that aims to protect individuals in their privacy, so that their data is not misused by technology companies. 

 

In this way, the new bills that are emerging show great progress in the protection of sensitive personal information.

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Authors: Daniela Russo, Advogada Júnior and Cesar Peduti Filho, Peduti Advogados

Fontes: 

https://www.nytimes.com/2024/04/17/science/colorado-brain-data-privacy.html?utm_source=the_news&utm_medium=newsletter&utm_campaign=23-04-2024 

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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

In a recent decision, the Brazilian Superior Court of Justice (STJ) addressed in Special Appeal No. 1.610.728 a crucial issue concerning intellectual property rights, particularly in the context of genetically modified organisms (GMOs) in agriculture. The case revolved around the Roundup Ready soybean, a genetically modified crop, and its implications for patent protection and agricultural practices.

 

The central question was whether soybean producers could freely use, sell, or exchange the seeds of Roundup Ready soybeans without infringing upon the intellectual property rights of the patent holders. STJ further examined if such acts would constitute a violation of patent rights or if they fell within permissible acts due to exhaustion of rights.

 

The analysis of the case began with an examination of the provisions of the Brazilian Industrial Property Law (Law No. 9.279/96) regarding the possibility of patenting of transgenic microorganisms to provide temporary exclusivity to inventors. The legal framework established by the mentioned law aligns with international standards such as TRIPS and upholds the constitutional duty to protect intellectual property rights.

 

Another highlight of the decision was the distinction between patents and plant breeders’ rights. STJ understood that the scope of protection of the mentioned rights are materially difference, since patents safeguard the inventive process or the genetically modified material itself, while plant breeders’ rights pertain to the reproductive material of the entire plant. The court further concluded that there is no inherent conflict between these legal regimes; rather, and that they operate as complementary systems.

 

 

Furthermore, STJ clarified that while the principle of exhaustion typically applies to patented products, there is an explicit exception for living organisms intended for commercial propagation. This exception ensures that the exhaustion principle does not apply to genetically modified materials used for reproduction, as they do not fall under the category of non-reproducible living matter.

 

Based on these considerations, STJ ruled that the limitations on intellectual property rights outlined in the Brazilian Plant Variety Protection Law (Law 9.456/97) are not applicable to holders of patents related to transgenic products whose technology is present in the reproductive material of plant varieties.

 

In conclusion, this landmark decision provides clarity on the intersection of intellectual property rights and agricultural biotechnology, establishing important precedents for future cases in Brazil’s legal landscape. It reaffirms the importance of striking a balance between innovation incentives and public interest in promoting agricultural development while respecting intellectual property rights.

 

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Author: Cesar Peduti Filho, Peduti Advogados.

Source: Segunda Seção aplica Lei de Propriedade Industrial e reconhece proteção à soja transgênica da Monsanto (https://www.stj.jus.br/sites/portalp/Paginas/Comunicacao/Noticias-antigas/2019/Segunda-Secao-aplica-Lei-de-Propriedade-Industrial-e-reconhece-protecao-a-soja-transgenica-da-Monsanto.aspx)

 

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