Edition: 193 | Month: November | December | Year: 2024
Summary
6
Editor note’s
By Laetitia d’Hanens, Maitê Cecilia Fabbri Moro e Ana Carolina Cagnoni
7
An analysis of divisional patent applications requested by the applicants in INPI-Brazil as a (anti) competitive strategy in the pharmaceutical area
By Thalita Duque Martins Paes, Adelaide Mª de Souza Antunes and Genizia Islabão de Islabão
Patents are essential tools for appropriating intellectual property rights and, depending on business strategies and the technology involved, can serve defensive purposes, such as blocking competitors. This article analyzes concepts related to the divisional procedure during the administrative examination of patents and their legal regulations in Brazil. Additionally, it presents cases that highlight vulnerabilities
in the rules – or their application by the INPI – which may enable strategic anticompetitive uses of divisional applications in the pharmaceutical sector. While it does not generalize these cases as a common anticompetitive practice in the field, the study emphasizes the need to review and improve the application of regulations by the INPI to
mitigate the improper use of this procedure.
Keywords: Divisional applications. Patents. Competition. INPI.
25
Between analog and artificial writing in contemporary academia: an analysis of the (im)possibility of copyright infringement in the use of ChatGPT
By Maria Clara Sena dos Santos Ramalho
This article addresses the comparison between analog and artificial writing in academia, investigating the potential copyright infringement in the use of ChatGPT in light of emerging social and legal issues. Ethical questions arise in academia due to the impact of the indiscriminate use of the tool on scientific transparency and traceability. In the legal field, Brazil lacks specific regulations regarding new technologies, especially concerning Copyright Law and AI. It is concluded that the system uses a vast database, and unauthorized use of such data infringes copyright.
Moreover, reliance on the content of this database increases the propensity for plagiarism. Thus, by using ChatGPT without proper references, users commit plagiarism, bearing the responsibility to ensure the ethical and legal use of information generated by AI.
Keywords: Chat GPT. Ethics. Plagium. Violation. Copyright.
41
Patents: extension of patent lifetime, first interpretations of the Brazilian courts on the unconstitutionality declared by the Supreme Court
By Jacques Labrunie and Henrique Cazerta de Godoy Bueno
After the ruling of Direct Unconstitutionality Action No. 5529 by the Brazilian Supreme Court declaring the legal provision relating to the minimum term of validity of patents to be unconstitutional (article 40, sole paragraph, of the Industrial Property Law), several owners of pharmaceutical patents affected by the judgment filed individual lawsuits before the Federal Court of the Federal District seeking to extend the
term of protection. This article puts under perspective the discussion around the term of validity of patents in Brazil, the unconstitutionality declared by the Supreme Court and the main conflicting interests, comparing the legal mechanisms existing in other countries, to evaluate the first insights from the Judiciary regarding such individual actions. As will be demonstrated through case law assessment, the courts have
been reluctant to grant any extension of time for the affected
patents, in a cautious approach towards the Constitutional
Court.
Keywords: Patents. Extension of patent lifetime. ADI 5529. Patent term adjustment and supplementary protection certificates.
54
Surveillance by AI and its moderation on the EU (Part 2)
By Emilie Maciel
This article examines the implications of the European Union (EU) Artificial Intelligence (AI) Act for the European Patent Office (EPO) and intellectual property. It analyzes its legal basis under the Treaty on the Functioning of the EU and the legislative flexibility regarding Member States’ autonomy for complementary measures. Additionally, it explores the intersection between the AI Act and the European Patent Convention, suggesting impacts on the scope of patentability. The disclosure of AI-related information, whether through patents or trade secrets, is addressed in line with transparency requirements. The article concludes that the EU AI Act could significantly affect the boundaries of patentability and the disclosure of AI technologies.
Keywords: European Union. Artificial Intelligence (AI). Transparency. Patentability. Trade Secret.
64
Policy on the Use of Artificial Intelligence in the Entertainment Industries
By Gabriela Lima Silva and Gabriela Korkes
Generative Artificial Intelligence tools, especially since their popularization, have been widely used for various purposes, gaining prominence in the Entertainment Industries. As part of the creative economy, author’s right protection is key to the works produced, resulting on implications both due to the use of works protected by
copyright/author’s right to feed the database of AI systems, and due to the protection of creation itself. In this scenario, this article aims not only to analyze the strategies already developed by the Entertainment Industries to protect these rights when using Artificial Intelligence platforms in the stages of their creative process, but also to map the
main practices capable of guiding the risks of using such platforms without violating Author’s Right therein.
Keywords: Generative Artificial Intelligence. Author’s Right. Entertainment. Terms of Use and Service. Human Authorship.
73
The delicate balance: the impact of intellectual property protection on innovation
By Anneliese Regina Feiler
This article not only examines the impact of intellectual property laws on innovation but also highlights the need for an appropriate balance between protecting the rights of intellectual property holders and stimulating competition and the dissemination of knowledge. It discusses how the extension of intellectual property rights can affect market dynamics, the diffusion of technologies and access to essential goods and services. In addition, the article highlights the importance of considering cultural, economic and technological differences between different sectors and regions when formulating policies related to intellectual property. By offering a comprehensive and balanced view
of this crucial topic, the article seeks to inform and guide those involved in the formulation and implementation of policies and strategies related to innovation and intellectual property. Using an interdisciplinary approach, the article analyzes the role of patents, copyrights and trademarks in promoting innovation, as well as the potential negative
effects of excessive intellectual property protection. Through a comprehensive review of academic literature and relevant case studies, the article offers valuable insights for policymakers, academics and practitioners interested in understanding and addressing this complex issue.
Keywords: Intellectual Property. Innovation. Protection. Patents. Economy.
82
Inventive activity in the workplace: regulation and benefit sharing
By Mauro Bolcato Dibe Rodrigues
The present article establishes a dialogue between the Industrial Property Law (IPL) and labor law, aiming to provide reflections on inventions in the workplace and mechanisms for protecting the rights of
worker-inventors in the labor field. The article discusses the different scenarios of ownership concerning inventions made by workers, whether they are employees stricto sensu or workers lato sensu, and advocates for the prevention of abuse of rights in employment contracts or service provision contracts to regulate inventive activities. Building upon these reflections, the present article presents a study on the methods for
determining fair compensation for worker-inventors, analyzing a paradigmatic precedent from the Superior Labor Court (TST) regarding the sharing of benefits between worker-inventors and the contracting company.
Keywords: Worker-inventor. Intellectual Property. Regulation. Benefit sharing. Fair compensation.
