According to a recent decision¹ issued by the Court of Appeals of Rio Grande do Sul, the verification report issued by ECAD – Central Bureau for Collection and Distribution of Musical Public Performance Rights (ECAD) are not capable of proving the public performance of musical works. In this case, ECAD filed a lawsuit against a (...)
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Murta Goyanes Advogados is recognized by Chambers Latin America 2019
Murta Goyanes Advogados was recognized again this year by the international publication that brings together the most prestigious law firms on the continent, the Chambers Latin America 2019. The firm´s founding partners, Antonio Murta Filho and Marcelo Goyanes, were also recognized for their depth knowledge in Intellectual Property and Media & Entertainment. Antonio Murta Filho (...)
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Hot Topic – About the use of the mark “Legião Urbana”
According to a recent decision issued by the Court of Appeals of Rio de Janeiro¹, the former members of the band “Legião Urbana” are entitled to use the mark, which is owned by Legião Urbana Produções Artísticas Ltda., but must share with the company the revenues arising from its exploitation. In this case, the production (...)
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Hot Topic – About merchandising directed to children during a TV show for children
In a recent decision¹, the Court of Appeals of the State of São Paulo confirmed its understanding that merchandising directed to children during a TV show for children constitute abusive practice and results in collective civil damages. In this case, the consumer protection organization of São Paulo filed a public civil action arguing that the (...)
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Client Alert – BPTO implements PPH pilot project with UKIPO
On July 24, 2018, the Brazilian Patent and Trademark Office (BPTO) published Resolution No. 222, which implements the Patent Prosecution Highway (PPH) pilot project with the UK Intellectual Property Office (UKIPO). Following the traditional PPH format for international cooperation, a patent application may be fast-tracked at the Office of Later Examination (OLE) where a member (...)
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Hot Topic – ECAD and FIFA Fun Fest
In a recent decision¹, the Court of Appeals of the State of Rio de Janeiro considered abusive the claim raised by ECAD (the main performance rights organization in Brazil) to increase from 10% to 15% the percentage of royalties due as a result of public performance of musical works during FIFA Fun Fest (an event (...)
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Hot Topic – The use of personal data in Brazil
The Brazilian Senate approved the Bill of Law No. 53/2018, which aims to regulate the use, protection and transfer of personal data in Brazil. The Bill of Law was already approved by the House of Representatives and is now pending presidential approval. According to the Bill of Law, companies will only be able to collect (...)
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Hot Topic – About unauthorized use of an individual’s name and image (likeness)
According to a recent decision¹ issued by the Brazilian Superior Court of Justice, the unauthorized use of an individual’s name and image (likeness) automatically results in damages. In this case, the Brazilian television show host Luciano Huck filed a lawsuit against a construction company due to the unauthorized use of his name in an advertising (...)
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