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On August 15, 2019, YouTube announced changes to its copyright enforcement policy. The purpose of the change would be to improve fairness in the “creators ecosystem”, limiting copyright owners’ rights to prevent unlicensed use of their content. Initially, the change will only be valid to audio format contents. Under the new policy, copyright owners will (...)

The Superior Court of Justice (“STJ”) recently published 13 theses consolidated by the Court about crimes against honor, citing the most recent precedents on each topic. The Court pointed out that the non-reception of the Press Law (Law 5.250/1967) by the Federal Constitution of 1988 did not imply the extinction of crimes against honor committed (...)

Court of Appeals of the State of Rio de Janeiro affirms trade dress infringement of stroller According to a decision issued by the 7th Civil Chamber of the Court of Appeals of the State of Rio de Janeiro1, the company Comércio Importação e Exportação Ltda must refrain from manufacturing, selling and promoting the stroller “Attractive” (...)

On July 31, 2019, the Brazilian Patent and Trademark Office (BPTO) announced the IP Digital Plan, which resulted from the cooperation between the Special Secretariat of Productivity, Employment and Competition, the Secretariat of Digital Government of the Ministry of Economy and the Special Secretariat of State Modernization. The new project aims at updating the BPTO’s (...)

On July 23, 2019, Decree No. 9.931/19 was signed, establishing the Interministerial Group of Intellectual Property (GIPI). Its main functions involve the proposal of actions, suggestions, and coordination related to Intellectual Property in Brazil. GIPI will be commanded by the Ministry of Economy and will be composed of 10 representatives from various ministries and governmental (...)

Decree re–creates the National Council to Fight Piracy and Crimes against Intellectual Property Decree No. 9.875/2019, published in the Official Gazette of June 28, 2019, re-creates the National Council to Fight Piracy and Crimes against Intellectual Property. The purpose of the Council is to establish guidelines for the proposal of a national plan to combat (...)

Decolar.com vs Decolando.com.br The 3rd Panel of the Superior Court of Justice decided1 that misleading consumers by using a trademark similar to another used by a well-established company generates moral damages and the duty to indemnify. The Reporter Justice Nancy Andrighi, acknowledged the anteriority of the plaintiff’s corporate name, domain name and trademark “Decolar.com” (in (...)

The Ministry of Citizenship, by means of the Special Secretariat of Culture, opened a public consultation for civil society to propose amendments to Law 9,610/98 (“Copyright Law”), aiming at adapting the Copyright Law to new technologies. All citizens, private associations and class entities may participate in the public consultation until August 28, 2019. The Ministry (...)