Author: pedrobar

The federal government of Brazil aims to reduce the current average patent registration time to less than half by 2026. According to the Ministry of Development, Industry, Trade, and Services (MDIC), expediting the registration of intellectual properties promotes employment and income, as well as stimulates the adoption of new technologies in the country, which can also be exported.

 

“Andrea Macera, the Secretary of Competitiveness and Regulatory Policy at MDIC, highlighted the significance of this initiative in light of the substantial number of micro and small businesses in Brazil, which generated nearly 70% of new jobs in the country in 2023. She emphasized the potential for innovation in various productive processes and the creation of numerous inventions and brands within this sector.

 

Macera stated, ‘This is why we say: It’s about valuing invention and creativity. If this philosophy is correctly disseminated and people are empowered, then there is enormous potential to generate employment and income,’ in an interview with CNN.

 

According to the Secretary, encouraging patent registration also translates into international investment and stimulates intellectual contributions in poorer communities. ‘You can license these assets, be remunerated for it, and in the case of geographical indications and trademarks, it can boost our exports. This is a gain in competitiveness for the Brazilian industry.’

 

 

‘The strategy has precisely this objective: to add value to our products and services and encourage creativity and innovation in the country,’ added Macera.

 

The proposal mentioned by the Secretary is the 2023-2025 Action Plan of the National Intellectual Property Strategy (ENPI), published in the Official Gazette of the Union (DOU) at the end of October. The goal is to reduce the decision time for patent applications from 6.9 years to three years by July 2025 and to two years by 2026.

 

There is also a focus on intellectual property as a tool for sustainable development. Planned deliveries include matchmaking in green technologies and capacity-building in the Amazon region, as well as collective trademarks.

 

Author: Enzo Toyoda Coppola, Cesar Peduti Filho, Peduti Advogados.

 

Source: https://www.cnnbrasil.com.br/economia/tempo-gasto-para-registro-de-patentes-caira-de-sete-para-dois-anos-diz-secretaria-a-cnn/#:~:text=CNN%20%7C%20CNN%20Brasil-,Tempo%20gasto%20para%20registro%20de%20patentes%20cair%C3%A1%20de%20sete,anos%2C%20diz%20secret%C3%A1ria%20%C3%A0%20CNN&text=O%20governo%20federal%20pretende%20diminuir,patentes%20no%20Brasil%20at%C3%A9%202026.

 

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

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This is a question that still doesn’t have a definitive answer, since most laws and regulations around the world still don’t have a precise definition of who owns the intellectual property rights arising from works generated by artificial intelligence.

 

In the United States, some lawsuits have been filed against Open-IA companies, in which artists, authors and writers claim copyright over works created by artificial intelligence. These professionals claim that their work, books and essays are being used to “teach” artificial intelligence, and they are concerned about the dilution of their work. On the other side, the big AI companies are apprehensive about potential copyright violations through the use of generative AI.

 

Generative AI operates through a method known as deep learning, a subset of machine learning, where algorithms called neural networks are trained to recognize patterns in data. These neural networks are fed vast amounts of data to analyze and learn from it.

 

A few legal precedents are likely to influence the ongoing AI copyright debates and create solutions to this impasse in relation to the work that are used as “inspiration” and “learning” by AI.

 

 

One possibility might be the choice for artists, authors and creators to opt out of being used to train generative AI. If the AI company agrees, the material used to train AI could subsequently be removed from the training set. So far two big AI companies – Hugging Face and Stability AI – have agreed to follow the wishes of the creators. 

 

Another option might be a compensation system for artists, authors and creators. 

 

However, this is still a recent discussion, with no definitive solution to yet another of the intriguing questions raised by AI.

 

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

 

Source: Artificial Intelligence and Intellectual Property: Who Has the Right to Machine-Generated Art? – The European Business Review

In a ranking made up of 132 countries, IN 2023 Brazil has occupied the 49th position in the Global Innovation Index – GII. Brazil has been gaining more prominence and rising in position in recent years. In 2022 it was ranked in 54th position and in 2021 it was 57th. The top ten countries in the index are: Switzerland, United States, Sweden, United Kingdom, Netherlands, South Korea, Singapore, Germany, Finland and Denmark.

 

In this ranking, Brazil is the leader of Latin America and the Caribbean region. Another uptade of 2023 is that for the first time Brazil surpassed Chile in positions, which occupies the 52nd place. Regarding the BRICS countries, Brazil occupies the 3rd position, with China, India, Brazil, Russia and South Africa being the general order.

 

 

Rising 5 positions in the ranking makes Brazil one of the best-performing economies in recent years, Brazil has high scores in indicators such as online government services (14th position) and electronic participation (11th). In addition, it stands out for its intangible assets (31st), obtaining good results worldwide for its trademarks (13th) and for the global value of its brands (39th).

 

Brazil has gained more recognition each year in the ranking that reveals the most innovative economies in the world. The world’s tenth-largest economy has the potential to continue growing in the index.

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Advogado(a) autor(a) do comentário: Ana Luiza Pires, Rafael Almeida e Cesar Peduti Filho, Peduti Advogados

 

Fonte: MANCHETE  (se tiver)

 

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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.

It is not news to anyone that the “true crime” genre in audio productions such as podcasts and radio programs, as well as audiovisual productions like series, films, and TV shows, has always been a great success in the entertainment industry. 

 

Whether through the exploration in famous Brazilian productions like “Linha Direta” or “Brasil Urgente,” successful TV programs since the 90s, or through national and international series, films, and documentaries produced and available on streaming platforms. 

 

The reason for this success has been and continues to be the subject of various studies, attempting to justify it with numerous hypotheses and assumptions [1].

 

However, what concerns us is clarifying a lingering doubt on the subject: to whom do the copyrights and image rights belong in “true crime” films, documentaries, and series?

 

Firstly, it is necessary to clarify that “copyright” and “image rights” regulate distinct matters in Law. 

 

 

In this sense, Copyright Law is a branch of intellectual property that regulates the rights of the author over intellectual works—literary, artistic, or scientific—specified particularly in Law No. 9.610/98 (Copyright Law – LDA) and Law No. 9.609/98 (Software Programs Law – LPC). Protected intellectual works, according to the legislation, are the “creations of the mind” outlined in Article 7 of the LDA [2], these involve: (i) the creation of something original from human intellect—creative capacity and ingenuity, and (ii) its necessary externalization—not protecting ideas—which must occur through tangible or intangible support, not limited to existing technologies, media, and circumstances. 

 

From this definition, it is evident that the copyright of “true crime” works belongs to their creative creators. Those who, inspired by “real events,” transcribe them into scripts and speeches, their ideas, and transmit them through streaming screens.

 

There is no correlation, therefore, between copyright, for example, and Susane Von Richthofen, regarding the films, series, and documentaries produced about the crime she committed since these were not created by her. 

 

Image rights, on the other hand, stem from human personality itself, protected by the Federal Constitution of 1988 [3], Civil Code [4], and the Penal Code [5], preventing the exposure of someone’s image without permission, especially if this exposure affects honor, good reputation, or respect or is intended for commercial purposes. The person whose image has been violated can seek redress for the damages suffered [6].

 

The law requires, therefore, express permission from the person depicted in the image for third parties to exploit it. 

 

However, in exceptional situations, jurisprudence allows the use of an image in documentaries, biopics, and journalistic pieces without the express authorization of the portrayed person. To better explain the exceptions, we present the considerations of the Copyright, Immaterial Rights, and Entertainment Commission (CDADIE) of the Order of Lawyers of Rio de Janeiro, which, in a very didactic way, set them out as follows [7]: 

 

• People considered public, under the following conditions: 
  • Was the capture of the image lawful? 
  • What is the usefulness or interest for the public in the fact reported through the image?
  • What is the need to broadcast that image to report the fact? 
  • Was the original context in which the image was taken preserved?
• People located in public places, under the following conditions: 
  • Is the person aware of the possibility of their image being captured? 
  • Was the original context from which the image was extracted maintained?
  • Is the portrayed person the central element of the scene or appears incidentally? 
  • Is the portrayed person in an embarrassing situation?
• Journalistic pieces: facts or events of journalistic interest. In the case of “TRUE CRIME” productions, this involves the portrayal of facts involving public figures and, in many cases, journalistic pieces, which are, in some instances, highly linked in the media, making the fact even more known to the public. 

 

In these cases, both the Supreme Federal Court and the Superior Court of Justice consider the disclosure of truthful or plausible facts permissible, even with severe, ironic, or merciless opinions, by those who, through the commission of criminal acts, become public figures. News and criticism are of general and connected interest to all [8]. 

 

In these situations, there is a limitation on the right to the image.

 

Thus, copyright, unlike what many confuse, when it comes to artistic or journalistic productions about crimes, belongs to the creators of the works and not to the criminal, who should not receive any payment for the creative or journalistic representation of events that occurred during their life.

 

What could be questioned, however, is the compensation for any damage caused by the violation of the right to image. However, as already settled by the Supreme Federal Court (STF) and the Superior Court of Justice (STJ), in cases of depicting criminal facts, the protection of the right to the image of the criminal begins to be restricted, and they may have to bear with any severe and even ruthless opinions.

 

Advogado(a) autor(a) do comentário: Juliana Kaomy Mikado, and Cesar Peduti, Peduti Advogados.

Fonte: 

[1] WHY ARE WE SO OBSESSED WITH TRUE CRIME – https://www.law.ac.uk/resources/blog/why-we-love-true-crime/

 

[2] “Art. 7º. São obras intelectuais protegidas as criações do espírito, expressas por qualquer meio ou fixadas em qualquer suporte, tangível ou intangível, conhecido ou que se invente no futuro, tais como: I – os textos de obras literárias, artísticas ou científicas; II – as conferências, alocuções, sermões e outras obras da mesma natureza; III – as obras dramáticas e dramático-musicais; IV – as obras coreográficas e pantomímicas, cuja execução cênica se fixe por escrito ou por outra qualquer forma; V – as composições musicais, tenham ou não letra; VI – as obras audiovisuais, sonorizadas ou não, inclusive as cinematográficas; VII – as obras fotográficas e as produzidas por qualquer processo análogo ao da fotografia; VIII – as obras de desenho, pintura, gravura, escultura, litografia e arte cinética; IX – as ilustrações, cartas geográficas e outras obras da mesma natureza; X – os projetos, esboços e obras plásticas concernentes à geografia, engenharia, topografia, arquitetura, paisagismo, cenografia e ciência; XI – as adaptações, traduções e outras transformações de obras originais, apresentadas como criação intelectual nova; XII – os programas de computador; XIII – as coletâneas ou compilações, antologias, enciclopédias, dicionários, bases de dados e outras obras, que, por sua seleção, organização ou disposição de seu conteúdo, constituam uma criação intelectual. § 1º Os programas de computador são objeto de legislação específica, observadas as disposições desta Lei que lhes sejam aplicáveis. § 2º A proteção concedida no inciso XIII não abarca os dados ou materiais em si mesmos e se entende sem prejuízo de quaisquer direitos autorais que subsistam a respeito dos dados ou materiais contidos nas obras. § 3º No domínio das ciências, a proteção recairá sobre a forma literária ou artística, não abrangendo o seu conteúdo científico ou técnico, sem prejuízo dos direitos que protegem os demais campos da propriedade imaterial.”

 

[3] “Art. 5º Todos são iguais perante a lei, sem distinção de qualquer natureza, garantindo-se aos brasileiros e aos estrangeiros residentes no País a inviolabilidade do direito à vida, à liberdade, à igualdade, à segurança e à propriedade, nos termos seguintes: (…) X – são invioláveis a intimidade, a vida privada, a honra e a imagem das pessoas, assegurado o direito a indenização pelo dano material ou moral decorrente de sua violação;”

 

[4] “Art. 11. Com exceção dnoos casos previstos em lei, os direitos da personalidade são intransmissíveis e  no irrenunciáveis, não podendo o seu exercício sofrer limitação voluntária.” E “Art. 20. Salvo se autorizadas, ou se necessárias à administração da justiça ou à manutenção da ordem pública, a divulgação de escritos, a transmissão da palavra, ou a publicação, a exposição ou a utilização da imagem de uma pessoa poderão ser proibidas, a seu requerimento e sem prejuízo da indenização que couber, se lhe atingirem a honra, a boa fama ou a respeitabilidade, ou se se destinarem a fins comerciais. (Vide ADIN 4815)”

 

[5] “Art. 218-C. Oferecer, trocar, disponibilizar, transmitir, vender ou expor à venda, distribuir, publicar ou divulgar, por qualquer meio – inclusive por meio de comunicação de massa ou sistema de informática ou telemática -, fotografia, vídeo ou outro registro audiovisual que contenha cena de estupro ou de estupro de vulnerável ou que faça apologia ou induza a sua prática, ou, sem o consentimento da vítima, cena de sexo, nudez ou pornografia:             (Incluído pela Lei nº 13.718, de 2018) Pena – reclusão, de 1 (um) a 5 (cinco) anos, se o fato não constitui crime mais grave.             (Incluído pela Lei nº 13.718, de 2018) Aumento de pena (Incluído pela Lei nº 13.718, de 2018) § 1º A pena é aumentada de 1/3 (um terço) a 2/3 (dois terços) se o crime é praticado por agente que mantém ou tenha mantido relação íntima de afeto com a vítima ou com o fim de vingança ou humilhação.  (Incluído pela Lei nº 13.718, de 2018)”

 

[6] DIREITO DA IMAGEM – https://www.tjdft.jus.br/institucional/imprensa/campanhas-e-produtos/direito-facil/edicao-semanal/direito-de-imagem 

 

[7] GUIA DO PRODUTOS AUDIOVISUAL – Realização: Comissão de Direitos Autorais, Direitos Imateriais e Entretenimento (CDADIE) – https://www.oabrj.org.br/arquivos/files/CDADIE_guia_do_produtor_audiovisual_final_web.pdf 

 

[8] Informativo nº 696 do STJ. https://processo.stj.jus.br/jurisprudencia/externo/informativo/?aplicacao=informativo&acao=pesquisar&livre=@CNOT=%27018151%27 e https://scon.stj.jus.br/SCON/GetInteiroTeorDoAcordao?num_registro=202103035073&dt_publicacao=13/09/2022 

 

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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 the past few years, blockchain technology has occupied a prominent space in technological discussions, emerging as a decentralized and immutable digital record that stores transactions in chained blocks, so that each block contains a set of verifiable data that is protected by cryptography. Its versatility makes it a fundamental piece in areas that go beyond cryptocurrencies and smart contracts, promoting security and transparency in various applications.

 

Due to the security offered by this technology, the Brazilian Government began using it to issue the National Identity Card (“CIN”). As determined by article 24 of Decree No. 10,977 of 2022, from the beginning of November 2023, issuing bodies will be obliged to adopt the Identity Card standards established in the Decree.

 

 

As clarified by the Brazilian Government, the solution was developed by the Federal Data Processing Service (“Serpro”) – a public company that provides information technology services in Brazil – and will be adopted and operated by the so-called Civil Identification Bodies. The initiative provides a data sharing platform using blockchain technology for states, municipalities, and public administration bodies.

 

Finally, the president of Serpro, Alexandre Amorim, highlighted the following advantages of blockchain:

• Protects personal data;
• Prevents fraud;
• Guarantees the immutability of data;
• It is decentralized, reducing vulnerability to cyber-attacks;
• Brings more transparency, allowing traceability of all transactions carried out on the network.

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Author: Caroline Muniz, Laila Araujo and Cesar Peduti, Peduti Advogados.

Source: Governo começa a utilizar o blockchain na emissão da Carteira de Identidade Nacional (https://www.gov.br/gestao/pt-br/assuntos/noticias/2023/setembro/governo-comeca-a-utilizar-o-blockchain-na-emissao-da-carteira-de-identidade-nacional)

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

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In May 2021, the Brazilian Supreme Court ruled unconstitutional the Article 40, single paragraph, of the Industrial Property Law (LPI), which provided for a minimum patent term of 10 years from its concession, to compensate for delays in the analysis of patent applications of more than 10 years from the date of filing. 

 

Since the ruling, there hasn’t been an automatic extension of the validity of patents in the event of a delay in the analysis of applications by the Brazilian Patent and Trademark Office (BPTO). Now on a case-by-case basis, owners of patent requests have been going to the courts to seek a re-composition of the deadline when they have been waiting for years for the BPTO’s decision. Expert lawyers in the area say that these requests are legitimate, since the state should be held responsible for excessive analysis time.

 

The understanding of one expert in the matter, Daniel Sarmiento, a professor of Constitutional Law in the Universidade Estadual do Rio de Janeiro (UERJ), is that the BPTO’s excessive delay to analyze a patent request could qualify as a breach of the fundamental right to the protection of industrial property, provided for in the Constitution, as well as everyone’s right to a reasonable duration of proceedings. In this sense, if there is a delay attributable solely to the state and if this delay harms the holder of the fundamental right to the protection of industrial property, the extension of the time limit is justified. It is a way of repairing damage caused by unlawful behavior on the part of the state.

 

Anna Maria da Trindade dos Reis, partner of Trindade & Reis Advogados, makes the argument that the BPTO’s chronic delay to register a patent doesn’t just hurt the company seeking the patent, but hurts the community as a whole, since the delay makes it impossible for products and innovations to arrive in a timely manner in society.

 

 

Additionally, she explains that even though there is no specific law relating to the patent term, there is a general law, the article 27 of the Law of introduction of the norms of Brazilian Law (LINDB), that requires that the harmed party presents proof that there was a delay on the part of the BPTO alone and of the damage that the delay caused. Compensation can be given in the form of restoring the term of exploitation of the patent, in her opinion it’s a much more effective way, and it restores the term that is properly due, without burdening the state.

 

As shown, the experts above believe that constitutional principles and legal provisions already allow for requests to make up time in court. However, the House of Representatives is currently analyzing the Bill 2056/2022, which aims to clearly provide the time compensation in the case of patents. The proposal aims for a restructuring of the BPTO, hiring more civil servants and setting deadlines for the analysis of patent applications.

 

According to the text, the BPTO will have up to 30 days to issue its opinion after the administrative process has begun, which could be extended for a further 30 days, and if the deadline is missed, the holder can request compensation for the patent term. The bill was presented on July 14 and the next step is for it to be analyzed by the Labor, Administration and Public Service Committee, which does not yet have a date.

 

However, it is important to point out that, independently of the situation presented above, the BPTO has been making efforts to decrease the analysis time of the patent applications. 

 

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Author: Laura Galvão Scalon, and Cesar Peduti Filho, Peduti Advogados.

 

Source: Demora do INPI para analisar patentes pode ensejar ação para extensão de prazo + https://www.jota.info/coberturas-especiais/inovacao-e-pesquisa/demora-do-inpi-para-analisar-patentes-pode-ensejar-acao-para-extensao-de-prazo-17082022

 

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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 Geographical Indication (G.I) registration is a collective tool developed for the valorization of traditional products from a certain region, with the main function of adding value to the product and protecting the producing region. In Brazil, this subject was introduced on the occasion of the enactment of the Industrial Property Law No. 9,279/96.

 

In Brazil there are two types of Geographical Indication, the indication of origin (I.O) and the denomination of origin (D.O). In both modalities, protection will fall on the “geographical name”, constituted both by the official name and by the traditional or usual name of a determinable geographical area. The legislation in force does not establish a period of validity for Geographical Indications, so that the period for the use of the right is the same as the existence of the recognized product or service, within the peculiarities of the Indications of Origin and the Denominations of Origin.

 

In this sense, it is very important to highlight that the Brazilian PTO (BPTO) recognized the registration of a geographical indication of the Denomination of Origin species, for raw, processed, roasted and roasted and ground coffee beans from the Canastra region (MG).

 

 

The recognition in reference was published in the BPTO Official Gazette No. 2,750 and benefits producers from ten municipalities in Minas Gerais: Medeiros, Bambuí, Doresópolis, Pimenta, Piumhi, Capitão, São João Batista do Glória, Vargem Bonita, São Roque de Minas and Delfinópolis.

 

With this registration, the Brazilian PTO reaches 117 Geographical Indications, 83 of which are Indications of Origin (all national) and 34 Denominations of Origin (25 national and 9 foreign).

 

The G.I application in reference before the Brazilian PTO was performed by the association that represents coffee growers in the region in 2022, with support from Sebrae Minas. To support the application, in addition to the technical study, the D.O. Technical Specifications Booklet and local governance were also created, through the strengthening of the producers’ association and the formation of the D.O. Regulatory Council.

 

Furthermore, the coffee with D.O Canastra must be produced in accordance with the standards and practices for preserving the region’s natural water resources, respecting Legal Reserve and Permanent Preservation areas.

 

According to the president of the Deliberative Council of Sebrae Minas, Mr. Marcelo de Souza e Silva, achieving this nomination guarantees the quality and authenticity of the coffees produced in the 10 municipalities that make up the Canastra region.

 

In this sense, this fact not only values local culture and tradition, but also adds value to production, boosts the economic development of the territory and strengthens Canastra’s reputation, thus providing more competitive recognition for Café da Canastra in the market.

 

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Author: Bruno Arminio, Laila Araujo and Cesar Peduti Filho, Peduti Advogados.

Source: 

https://www.portalintelectual.com.br/inpi-reconhece-primeira-denominacao-de-origem-de-2023-cafe-da-canastra-mg/ 

https://www.gov.br/inpi/pt-br/central-de-conteudo/noticias/inpi-reconhece-primeira-denominacao-de-origem-de-2023-cafe-da-canastra-mg 

https://diariodocomercio.com.br/agronegocio/cafe-da-canastra-conquista-indicacao-geografica-denominacao-de-origem-inpi/#gref 

 

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

Even with a certain delay compared to the rest of the world, the controversy surrounding the red soles of Louboutin shoes arrived in Brazil and the discussion is in full swing.

 

Position marks were regulated in Brazil only in September 2021, coming into force in October through the Brazilian Patent and Trade Mark Office (BPTO) Ordinance No. 37 of 09/13/2021. Since then, the position mark has been granted to Osklen, in relation to the three little holes located on the side of the shoe as a position mark. The same did not happen with Louboutin’s red soles.

 

The application for registration of Louboutin’s position mark, filed in 2009, was initially not suitable as such and designated products in class 25, namely clothing, footwear and headgear. Once readjusted, BPTO conducted its analysis of the brand in order to prove that from a formal point of view, the technical requirements were met, however, the distinctiveness requirement was not. For this reason, the application for registration of this position mark was rejected. In view of this decision, Louboutin filed an action to try to annul the BPTO’s decision with a request for an injunction to have the BPTO’s decision rejecting the application for position mark registration.

 

 

To support the injunction request presented by Louboutin, a series of documents and decisions were gathered that granted the trademark right to the sole of the shoe, coming from patent and trademark offices around the world such as EUIPO – European Union Intellectual Property Institute , as well as the judgments of the General Court and the Court of Justice of the European Union, as subsidies to highlight the protection to be conferred by trademark law as well as the risks in case of non-granting.

 

Because of this, the Judge of the 13th Federal Court of Rio de Janeiro granted the request for an injunction to suspend the BPTO’s decision and analyze the merits of the nullity action. The decision can be read in full here.

 

Peduti Advogados is attentive to developments in trademark protection in Brazil through position marks and is prepared to help its clients obtain this type of protection.

 

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Author: Alexandre Miura, Laila dos Reis and Cesar Peduti Filho, Peduti Advogados.

Source: Link

 

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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.”