Author: pedrobar

The Brazilian Data Protection Authority (“ANPD”) defines the regulatory sandbox as “a collaborative experimentation between the regulator, the regulated entity and other interested parties. The objective is to test regulatory innovations in a controlled space, through a structured methodology. The expression refers to an environment where structures are built that are easily remodeled or reconstituted, due to the malleable material of which they are composed.”

 

In this way, it can be understood that the regulatory sandbox is a tool that has today demonstrated to be the most likely to reduce information asymmetry between all agents involved.

 

The ANPD regulatory sandbox proposal is:

• To reconcile the protection of fundamental rights with the continuity of innovation.
• To allow analysis of new tools and their behavior in different regulatory scenarios.
• To identify gaps in relation to effectiveness and build regulation that adapts to new scenarios.

 

 

To this end, last year the ANPD opened a consultation with society on the regulatory sandbox for artificial intelligence and personal data protection in Brazil, so that Brazilians and foreigners were able to collaborate. Contributions were accepted from both the public and private sectors.

 

Furthermore, it is essential to highlight the participation of Lucas dos Anjos, an ANPD servant, in an important event held at the beginning of March in Paris. This event was the OECD-African Union Dialogue on Artificial Intelligence. During the event, Lucas represented the Authority on the panel “Implementing the OECD Principles: Designing and Managing a National AI Strategy”.

 

During the dialogue, the ongoing project at ANPD on the Regulatory Sandbox was introduced, providing the opportunity for clarifications on this initiative, as well as the significant public participation in the development of the project being emphasized, indicating that around 70 contributions were received regarding to public consultation. Therefore, Brazil’s prominence in this initiative is notable, and in how it aligns and complements similar policy efforts in other countries.

 

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Author: Caroline Muniz, Attorney at Law at Peduti Advogados.

Source: O sandbox regulatório (https://www.gov.br/anpd/pt-br/sandbox/o-sandbox-regulatorio); Aberta consulta à sociedade sobre sandbox regulatório de inteligência artificial e proteção de dados pessoais no Brasil  (https://www.gov.br/anpd/pt-br/assuntos/noticias/aberta-consulta-a-sociedade-sobre-sandbox-regulatorio-de-inteligencia-artificial-e-protecao-de-dados-pessoais-no-brasil); Sandbox Regulatório é apresentado em evento na OCDE, em Paris (https://www.gov.br/anpd/pt-br/assuntos/noticias/servidor-da-anpd-participa-de-evento-da-ocde-em-paris). 

 

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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 recent years, the VERT brand, owned by the French company VEJA FAIR TRADE SARL, has become popular in the Brazilian market to identify footwear, especially tennis shoes, which are easily recognised by the green “V” printed on the side.

 

What not everyone knows is that these shoes only entered the Brazilian market in 2014, after having originated in France in 2005 and being popularised throughout the world (with the exception of Brazil) by the “VEJA” sign. 

 

The “VEJA” brand was deliberately created using a word of Portuguese origin to invite the customer to look at what is behind the product (which is what the word “VEJA” means in Brazil): Brazilian manufacturing, cotton producing families and rubber tapper cooperatives in the country.

 

With the expansion of the products to Europe and the United States, the “VEJA” trainers arrived on the Brazilian market. However, there was an obstacle to registering the “VEJA” trademark in the country.

 

Upon entering the Brazilian market, the footwear brand encountered a technical problem that would prevent it from using the sign in the country: a previous registration in Class 25, which designates clothing. So as not to start its journey in Brazil with a conflict, it decided to adopt the “VERT” mark in the country, which is of French origin.

 

 

In order to strengthen the brand, which is used worldwide, in Brazil, VEJA FAIR TRADE SARL was able to buy the previous brand in 2022, which prevented its use.

 

This purchase allowed the company’s other trademarks to be registered at the Brazilian BPTO and thus adopted by the company in practice, so that they could be standardised with the strong sign that identifies the trainers produced by the company.

 

This is an important example of the awareness and strategy that must be adopted before entering a market. Prior analysis and strategic thinking can avoid major problems in the future. 

 

Peduti Advogados has a team that specialises in this area and will certainly be able to help you with these issues.

 

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

 

Source: A Vert agora se chama Veja: entenda por que a marca de tênis mudou de nome + https://exame.com/casual/a-vert-agora-se-chama-veja-entenda-por-que-a-marca-de-tenis-mudou-de-nome/ 

 

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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.”

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.”

On December 12, 2023, the 62nd Forum of the National Council of State Research Support Foundations (CONFAP) was held in the Brazilian capital to discuss priority issues in science and technology policy in Brazil. The event was chaired by the president of the BPTO, as well as other representatives of the State Research Support Foundations (FAPs).

 

The main project discussed among the participating authorities was the program entitled “Catalisa ICT”, whose objective is to encourage Brazilian talents to invest their creative potential in the country. 

 

The means found to encourage the participants is the offer of a scholarship in the amount of R$ 6,500.00 for the 140 most innovative proposals presented by the participants. In addition, the project will also support about 2000 Brazilian technology-based companies. 

 

 

The rights related to the intellectual property produced by the participants during the execution of the project at CATALISA ICT will follow the Brazilian legislation and the rules of each Science and Technology Institution – ICT, in which the research was originated. 

 

In general terms, the initiative seems promising and appropriate to Brazil, because although the country has many technological innovations being produced in Brazilian Universities, most of the projects have not been effectively materialized. 

 

Therefore, if the Catalisa ICT project is as successful as expected, in few years Brazil will grow significantly in the technological field and consequently increase its intellectual property assets.

 

Advogado(a) autor(a) do comentário: Nicole dos Santos Silva, Laila Araujo e Cesar Peduti Filho, Peduti Advogados

 

Fonte:

https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-realiza-atividades-em-brasilia-com-foco-no-fomento-a-inovacao 

https://agenciasebrae.com.br/inovacao-e-tecnologia/sebrae-e-confap-firmam-parceria-para-fomentar-a-inovacao-nos-pequenos-negocios/ 

https://sebrae.com.br/sites/PortalSebrae/catalisa/ictedital

 

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.

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.”

Recently in Brazil there was a controversy over an important literary prize awarded by the Brazilian Book Chamber, the so-called “Jabuti Prize”.

 

The case centred on the nomination of Frankenstein, specifically in the “Illustration” category, which included drawings attributed to the designer Vicente Pessôa. However, the work was disqualified because of the use of artificial intelligence in its composition.

 

The formal reason for the disqualification was stated in an official BBC press release: “The rules of the award state that cases not provided for in the regulations will be considered by the curators, and the assessment of works that use AI in their production was not provided for in those rules”.

 

 

“The use of artificial intelligence tools has been the subject of discussion around the world because of the principles of copyright protection. Given the new reality of the progress of these new technologies, the organisation of the prize makes it clear that the use of these new tools will be the subject of discussion for future editions of the prize,” the note reads.

 

In this sense, although there is no clear legislation on artificial intelligence, as it is a very new topic, there is a general consensus on the need to take measures to prevent acts that infringe the copyright of the parties involved, which is clearly followed by the Brazilian judiciary, for example.

 

And if the cases go to court to seek accountability and compensation for plagiarism, Peduti Advogados has a specialised team that can help you in this case.

 

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Author: Marília de Oliveira Fogaça, Laila Araujo e Cesar Peduti Filho, Peduti Advogados

 

Source: https://www.portalintelectual.com.br/obra-com-uso-de-inteligencia-artificial-e-desclassificada-do-premio-jabuti/

 

“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.”