Edition: 203 | Month: July | August| Year: 2026
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Editor note’s
By Paulo Parente Marques Mendes e Carlos Eduardo Neves De Carvalho
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The effectiveness of the public domain in the digital age:
a brief analysis of the Open Access policy of the Metropolitan
Museum of Art
By Amanda Wang
This study aims to examine the effectiveness of the public domain in the digital age through the lens of two-dimensional works of art. It explores the extent to which the legal freedom granted by the public domain is effectively accessible to society, considering the practical barriers to accessing and reproducing artworks held by museums. To this end, the paper analyzes the Open Access policy implemented by the Metropolitan Museum of Art (MET) in 2017, assessing its role in democratizing access to culture, information, and artistic heritage.
Keywords: Public Domain. Open Access. Works of Art. Cultural Heritage. Copyright.
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Plant varieties and space farming: a necessary debate for Intellectual Property
By Felipe Augusto Canto Bonfim
NASA runs a program for humans to inhabit a permanent base on the Moon by 2032. Brazil takes part in developing new plant varieties that may be cultivated on the Moon. The domestic Intellectual Property legal regime that applies to seeds is decisive for the fate of space farming. The current Brazilian context of debate on amendments to the Industrial Property and Plant Variety Acts is propitious for domestic scholars to discuss the matter and eventually lead international discussions that
will arise as public and private space programs get closer to the goal of setting human presence on other celestial bodies.
Keywords: Space farming. Patents. Plant varieties. Seeds.
Settlement.
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Ownership of software developed by employees in the context of Nova Indústria Brasil
By João Victor Martins Lopes
This study examines the ownership of economic rights over software developed by employees within Nova Indústria Brasil (NIB), focusing on Article 4 of Law No. 9,609/1998. It adopts a qualitative, applied, exploratory, and descriptive approach guided by a hermeneutic method. The research combines a literature review with documentary analysis of Intellectual Property legislation, NIB guidelines, and three decisions of the Regional Labor Court of the 3rd Region, assessed according to functional nexus, use of employer resources, and creative
autonomy. The results indicate that ownership does not arise
from the employment relationship alone. The study concludes that the legal regime requires a functional interpretation and specific contractual governance concerning ownership, remuneration, authorship, pre-existing code, confidentiality, and registration.
Keywords: Software. Ownership. Employment relationship. Nova Indústria Brasil. Intellectual Property.
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Intellectual Property as a limit to the publicity of public procurement proceedings
By Jader Esteves da Silva and Juliana Paula de Souza
Transparency is the rule in public procurement; however, how can this principle be applied without compromising the intangible assets involved in technological innovation contracts thereby discouraging innovation itself? In the competitive dialogue procedure, the bidder who does not win the contract ends up bearing the high costs of research and development. This article aims to suggest ways to mitigate this vulnerability. The study adopted a qualitative, exploratory, and descriptive approach, utilizing bibliographic and documentary methods
based on an analysis of legal doctrine, case law, and regulations. The findings indicate that the statutory duty of confidentiality applicable to the dialogue phase serves merely as a defensive safeguard against information leaks, proving insufficient to protect Intellectual Property or restore economic balance among the participants. The study concludes that reconciling the principle of transparency with the promotion of innovation requires the implementation of compensation mechanisms for participants who submit viable solutions.
Keywords: Limits on publicity in public procurement. Competitive dialogue. Compensation mechanisms. Vulnerability of intangible assets. Technological innovation.
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The evolution of the registrability of slogans as trademarks in Brazil: an analysis of the BPTO’S new understanding limits of trademark protection
By Gabriela Mendonça Moura
This paper aims to present the evolution of the understanding of the Brazilian Trademark and Patent Office (BPTO) and Brazilian legislation regarding the viability of registering trademarks composed of advertising expressions. To this end, the author analyzes the understandings prior to that established by the BPTO on November 27, 2024, as well as case law that is consistent with the current interpretation of the federal agency. Additionally, the forms of secondary protection of the advertising
expression in Brazil are explored, including the institute of unfair
competition, of copyright, and through administrative proceeding before the Brazilian National Council of Advertising Self-Regulation (CONAR).
Keywords: Industrial Property. Trademark. Slogan. Advertising Expression. Distinctiveness.
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Generative AI training in Brazil: between copyright, data protection and responsible governance
By Márcia Guia Mendes Ferreira
Generative artificial intelligence has intensified the debate on the use of works, personal data and other informational assets in the development and operation of models. In Brazil, the analysis requires an integrated
reading of the Copyright Law, LGPD, Brazilian Internet Civil Rights Framework and the ongoing legislative process on AI. Current law does not support absolute conclusions, either to allow any use of content and data or to block innovation. The safest path lies in responsible governance, with defined purposes, appropriate legal basis, source control, proportional transparency, technical and contractual documentation, risk management and response mechanisms for data subjects, authors and business partners.
Keywords: Artificial intelligence. Copyright. Data protection. Model training. Digital governance.
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From physical media to the keycard: ownership, access and the preservation of video games under Brazilian copyright law
By Affonso Barbosa dos Santos Duarte
The replacement of copy ownership by mere access, accelerated by the end of disc releases and by the closure of digital storefronts, removes the retained copy, lending and resale, the mechanisms through which works survived beyond the rightholder’s control. This article examines
the consequences of that shift under Brazilian copyright law and argues that Law No. 9,610 of 19 February 1998 offers no instrument capable of securing the preservation of video games. It analyses the absence of an exhaustion rule, the qualification of video games under Article 5, I, of Law No. 14,852 of 3 May 2024, the barrier posed by Article 107 of Law No. 9,610/98 and the European, French and multilateral responses. It concludes by proposing an exception for memory institutions and a matching carve-out concerning technological protection measures.
Keywords: Copyright. Video games. Limitations and exceptions. Digital preservation. Technological protection measures.
