The Brazilian Supreme Court decides on right to be forgotten in Brazil.
Last Wednesday (03), the Brazilian Supreme Court (STF) began the general repercussion trial of the Extraordinary Appeal (RE) no. 1,010,606 about the existence or not of the Right to be Forgotten and its compatibility with the Brazilian Constitution, personality rights, and freedom of speach. In this case, the Extraordinary Appeal was filed by the relatives (...)
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Instagram is not liable for the content of its users unless it breaches a court order demanding its removal.
In a decision issued by the 7th Special Civil Court of Brasília1, the understanding provide for in Law 12,965/14 (Marco Civil da Internet) was applied, which states that Internet application providers can only be held responsible for civil damages arising from third party content in the event of non-compliance with a specific court order aiming the (...)
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Labor Court ordered a company to pay damages to a former employee for using his image in a marketing campaign.
The 2nd Panel of the Regional Labor Court of the 4th Region (TRT-RS)affirmed a lower court’s decision ordering a company to pay damages to a former employee due to the exposure of his image in advertising campaigns months after the end of the employment contract. According to the case records, the guard authorized the use (...)
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Infringing gaming website, RomUniverse, is sued by Nintendo.
Nintendo claimed indemnity for damages of approximately US$ 15 million to RomUniverse website owner, Matthew Storman, in a lawsuit involving violations of intellectual property rights filed in a US court. Of the amount required by the plaintiff, US$ 4.41 million refers to copyright violations, and US$ 11.2 million to trademark infringements. Nintendo pleads that Matthew (...)
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BPTO updates examination guidelines related to computer implemented inventions.
On December 29, 2020, the Brazilian Patent and Trademark Office (BPTO) published Ordinance No. 411, which establishes the new version of examination guidelines for patent applications involving computer implemented inventions. The publication of said Ordinance is the final result of the public consultation initiated on August 17, 2020. Briefly, the BPTO affirmed the understanding that (...)
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BPTO publishes new rules for submission of sequence listings.
On December 29, 2020, the Brazilian Patent and Trademark Office (BPTO) published Ordinance No. 405, which updates proceedings related to submission of sequence listings, as well as the rules for proper representation of nucleotides and/or amino acids sequences on said listings. According to such Ordinance, the filing of sequence listings before the BPTO by means (...)
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Brazilian State Court findscopyright infringementin thelayoutsoftransaction vouchers on card machines.
The 27th Civil Court of São Paulo ordered the company Stone Pagamentos to indemnify the designer Ricardo Martins for copyright infringement due to the imitation of his new layout of transaction receipts on card machines1. In 2016, after developing the layout as an exercise for a class he taught in a university course, the designer (...)
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BPTO implements phase II of Patent Prosecution Highway (PPH) pilot project.
On December 29, 2020, the Brazilian Patent and Trademark Office (BPTO) published Ordinance No. 404, which implements phase II of the Patent Prosecution Highway (PPH) pilot project. Due to the success of the Combat Plan Against Backlog, the implementation of phase II, initially predicted to occur in 2022, was anticipated to the beginning of 2021. (...)
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