New decree provides stricter sanctions to combat seed piracy.
Although the seed sector has specific legislations, piracy of seeds and seedlings still represents a loss of more than R$ 2 billion/year for Brazilian agribusiness. In order to intensify actions to combat illegal seeds and seedlings, the federal government will soon publish a decreebringing (a) greater clarity on the information required from the producer regarding (...)
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Rádio Globo wins a long-standing copyright dispute involving its traditional sports vignettes.
On November 17, 2020, the 3rd Panel of the Superior Court of Justice (SCJ) affirmed the decision of the Court of Appeals of the State of Rio de Janeiro on a copyright dispute involving vignettes broadcasted by Rádio Globo, such as “Rádio Globo-ooo”, “Fluminense-eee” and “Fla-men-go-oo”1. This dispute was initiated in 2009 and the plaintiff (...)
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Our partner Marcelo Goyanes comments on the victory over censorship in the case of Porta dos Fundo and Netflix. See full article at Veja Rio https://vejario.abril.com.br/beira-mar/porta-fundos-censura-perdeu-de-novo-advogado #MurtaGoyanes #Netflix #PortadosFundos #Censura
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The Federal Court of Appeals decides that the BPTO shall not take more than 1 year to examine an administrative appeal.
The 1st Panel of the Federal Court of Appeals (2nd Circuit) rejected the Brazilian Patent and Trademark Office (BPTO)’s appeal and affirmed the Lower Court’s decision on the merits, which ordered the BPTO to analyze the administrative appeal filed by the Plaintiff (against the rejection of its trademark application) within 60 days1. It should be highlighted that the lawsuit was (...)
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Lawsuit filed against Lojas Marisa for copyright infringement is dismissed
The 11th Civil Court of Brasília1 dismissed a copyright infringement lawsuit filed against Lojas Marisa by the artist Jacenyldo Fernandes dos Santos. The plaintiff claimed copyright infringement as a result of the unauthorized use of the expression “No Bad Days” in products marketed by Marisa. The defendant argued that this expression would be of common use, and that the word fonts, as well as (...)
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The Brazilian Superior Court of Justice holds that the Brazilian justice has jurisdiction to order the breach of secrecy of e-mails from outside of Brazil.
The Brazilian Superior Court of Justice (SCJ) holds that Brazilian courts have jurisdiction to order the breach of secrecy of e-mails hosted outside of Brazil1. In a special appeal, Microsoft questioned a Brazilian judicial order that aimed to identify the sender of some threatening messages sent from an email account associated with Microsoft itself. The (...)
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The BPTO now enables requestfor customer support by videoconference
On November 3rd, 2020, the Brazilian Patent and Trademark Office (BPTO) announced a tool for scheduling videoconference meetings between users and examiners. After the requestis filed, an e-mail will be sent to the interested party with in 7 working days rejecting or accepting the request. Each videoconference meeting is estimated to last one hour, and (...)
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Ancine´s public consultation on regulatory impacts of the managing power
On October 26, 2020, the Brazilian National Film Agency (ANCINE) placed under public consultation the Regulatory Notice which addresses the evaluation of the “Managing Power” institute. According to ANCINE, the goal is to foster public debate and gather contributions in order to base ANCINE’s decision on the future regulation of the matter. The managing power (...)
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