News

On September 11, 2019, the 13th Federal Court of Rio de Janeiro rejected a preliminary injunction request in a writ filed against the Brazilian Patent and Trademark Office (“BPTO”)’s Resolutions Nos. 240 and 241, and the Implementation rules No. 01 to 06, aimed at tackling patent backlog. The claimants are the BPTO’s Workers Association (Associação (...)

The Brazilian National Film Agency (“ANCINE”) launched a public consultation regarding the Regulatory Analysis Report on the Video-on-Demand (VoD) market, drafted by ANCINE.  The Report encompasses different topics related to the Brazilian VoD sector, including aspects of the Brazilian market, regulation, the legal and institutional organization of the VoD service, the offer of Brazilian content, (...)

Google and Apple receive fine for violating the Consumer Protection Code due to the distribution of FaceApp On August 28, 2019, Procon-SP fined Google and Apple for making FaceApp available on “Google Play” and “Apple Store”. According to Procon, the privacy policy of the image editing app would violate the Consumer Protection Code (CDC) due (...)

On September 10, 2019, the Brazilian PTO released the 3rd edition of the Trademark’s Guidelines, which includes the new procedures for the implementation of the Madrid Protocol, which will enter into force as of October 2, 2019. The Brazilian PTO also published Resolution No. 247/2019 regarding trademark registration under the Madrid Protocol and Resolution No. (...)

BPTO signs a cooperation agreement with Intellectual Property Office of Singapore (IPOS) On August 27, 2019, the BPTO’s president Claudio Vilar Furtado signed with IPOS’ Executive Director, Daren Tang, a memorandum aiming at providing exchange of experiences in areas such as stimulation of innovation and promotion of competition; human resources management, finance and quality control; guidance (...)

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” (...)