Hot Topic – Superior Court of Justice ratifies the need of an expert’s evidence in order to verify unfair competition in trade dress
On October 25, 2017, the Superior Court of Justice published newsletter No. 612, in which the 3rd Panel of the Court ratifies the need of an expert’s evidence in order to verify unfair competition arising from trade dress infringement. The decision was rendered in connection with the special appeal No. 1.353.451-MG, and the Reporter Justice (...)
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Client Alert – ANCINE launches public consultation on management of economic exploitation rights over audiovisual projects
The Brazilian Film Agency – ANCINE launched a public consultation about the revision of its regulation regarding management of economic exploitation rights over audiovisual projects produced with federal public resources. Among the aspects brought by the Consultation, the following stand out: (i) the concept of “managing power”; (ii) the division of copyrights over the works; (...)
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Murta Goaynes´s associate wins prize for innovation
Our associate Caroline Dunker Fucci has just received the “Special prize for innovation” Prof. Alfredo Lamy Filho of PUC-Rio for her paper about Copyrights protection over art works. With knowledge and experience in cultural institutions, Caroline joined Murta Goyanes Advogados internship program in 2016, from which she has been promoted to associate. The awards ceremony (...)
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Hot Topic – ECAD and Streaming
A recent decision¹ rendered by the Brazilian Supreme Court dismissed the extraordinary appeal filed against the Superior Court of Justice (SCJ)’s ruling that allowed the collection of royalties by ECAD (the main performance rights organization in Brazil) over music streaming. Justice Alexandre de Moraes held that the issue had been analyzed by the SCJ in (...)
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Valor Econômico interviews founding parter of Murta Goyanes Advogados
In interview for the newspaper Valor Econômico, Marcelo Goyanes spoke about digital anti-piracy measures in Brazil. Goyanes spoke about the digital piracy containment plan that is being created by members of the brazilian´s audiovisual chain, such as the Ministry of Culture, Ancine, Motion Pictures Association, pay-TV association and producers. The movement´s purpose is to draw (...)
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Hot topic – Service tax for streaming services
As from January 1, 2018, the City of Rio de Janeiro will charge service tax for streaming services of music and video. According to Law 6,263/17, a 2% tax will be levied on services of processing, storaging or hosting of data, texts, images, videos, electronic pages, applications and information systems, among others, in addition to (...)
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Client Alert – New rules for registering cancelled domain names in Brazil
Due to the publication of Resolution CGI.br/RES/2017/031, the proceeding for registering cancelled domains is now carried out on a monthly basis, lasts six days and no longer covers the right of preference to obtain registration.
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Hot Topic – Media channels cannot expose minors involved in misdemeanor
In deciding Special Appeal No. 1442083 / ES, the Brazilian Superior Court of Justice reaffirms that media channels cannot expose minors involved in any type of misdemeanor, even if their names are not mentioned. In this case, the Court held that the exposure of a minor committing a criminal offense violated article 143 of the Children’s Protection Act, which prohibits the (...)
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