Bill of Law intends to establish copyrights payments due to journalistic content published by internet service providers:
The Bill of Law No. 4.255/20201, proposed by Senator Angelo Coronel, aims to implement copyright payment in case of journalistic content’s publication is made by internet service providers. In this regard, the bill promotes a revision of the Brazilian Copyright Law (Law No. 9.610/1998), allowing the copyright owner to notify the internet service provider, in order to receive the due compensation for its (...)
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State courts have no jurisdiction to order the defendant to refrain from using a trademark registered before the BPTO
The 6th Civil Chamber of the Rio Grande do Sul State Court held that a decision ordering the defendant to refrain from using a registered trademark necessarily depends on the previous cancellation of the corresponding trademark registration granted by the Brazilian Patent and Trademark Office (BPTO). Also, it emphasized that such judicial cancellation of a trademark registration would be in the jurisdiction of a Federal (...)
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The “Ronald McDonald Show”, promoted in schools in São Paulo, is considered an illegal practice of advertising for children
The Special Chamber of the São Paulo Court of Justice agreed with the lower court’s decision that recognized the illegality of the “Ronald McDonald Show”, promoted by the fast food chain McDonald’s in nurseries and early childhood schools in the state1. The judges decided, unanimously, that the publicity promoted by Mc Donald’s constituted advertising directed at children, and not merely an educational activity. The “Children (...)
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The structure of the Brazilian National Data Protection Authority is discussed by the Chief Minister of the General Secretariat of the Presidency
In a webinar held on August 20, 2020, the chief minister of the General Secretariat of the Presidency, Jorge Antônio de Oliveira Francisco, stated that the decree about the structuring of the National Data Protection Authority (“ANPD”) in Brazil have been finalized, and that the responsibility for such structure will belong to the Civil Office of the Cabinet of the President (...)
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Social network profiles cannot be blocked without the right of defense
The 18th Civil Court of Porto Alegre has granted a preliminary injunction ordering Facebook to reestablish the account of a sports reporter on Instagram, under penalty of a daily fine of R$ 500.00 (five hundred reais), limited to 30 days1. The lawsuit was filed by reporter Carlos Henrique Lacerda, known as reporter Lacerda, after his profile (...)
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The tax benefits provided in articles 1 and 1A of the Brazilian Audiovisual Law were extended until 2024
The Law No. 14,044 / 2020 was recently enacted and extends the period for use of the tax benefits provided by Articles 1 and 1-A of the Brazilian Audiovisual Law (Law No. 8,685/1993) until 2024. At the beginning of the year, the bill that aimed to renew the time limit for these benefits was fully vetoed (...)
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The Brazilian Federal Regional Court of the 3rd Region decides that the term “botox” does not indicate botulinic toxin, and maintains its trademark registration
According to a recent decision rendered by the 11th Panel of the Brazilian Federal Regional Court of the 3rd Region, the term “botox” is not indicative of the botulinum toxin. Therefore, it can be registered as a trademark. In the case at hand, a pharmaceutical company filed a lawsuit claiming the invalidity of the registration of the trademark “botox”, (...)
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The Brazilian Central Bureau for Collection and Distribution (ECAD) announced discount in the collection of copyright royalties for concerts and events
Ecad has announced that the concerts and events sectors will have a temporary discount, until December 2021, in the payment of royalties over compositions, literary-musical works and phonograms, due to the Covid-19 pandemic. The initiative of Ecad and other collective management associations (Abramus, Amar, Assim, Sbacem, Sicam, Socinpro and UBC) aims to contribute to the (...)
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