1st ABPI Young Professionals Seminar explores the future of Intellectual Property amid advances in AI and global trademark disputes
Legal certainty in the age of algorithms, the commercial use of one’s own name after selling a trademark, and data protection in facial biometrics were at the heart of the discussions at the 1st ABPI Young Professionals Seminar, held on Thursday, October 29. Organized by Ana Luiza Castello Brigagão and Jéssica Pinheiro Oyarzábal, coordinators of the Young Professionals Committee of the Brazilian Intellectual Property Association (ABPI), the event brought together young experts to discuss the evolving boundaries of intellectual property rights in light of technological innovation and the global marketplace.
The opening session featured remarks by attorney Elisabeth Siemsen do Amaral, a member of ABPI’s Board of Directors. Drawing on her 40-year career, Elisabeth shared her professional journey, highlighting her father’s influence and her active involvement in industry associations, including leadership roles at the Inter-American Association of Intellectual Property (ASIPI), the São Paulo Association of Intellectual Property (ASPI), and the International Trademark Association (INTA).
The first panel focused on “Distinctive Signs and Their Protection.” Attorney Louise Pires invited participants to reflect on contractual limitations in her presentation, “When the Creator Loses the Right to Their Own Name: Reflections on the Jo Malone Case.” She explained the legal issues that arise when a professional builds a brand around their own name and subsequently transfers it to a third party. The case examined the journey of British perfumer Jo Malone, who sold her company to cosmetics giant Estée Lauder in 1999, sparking legal disputes over the commercial use of her birth name in subsequent professional ventures.
Also in the first session, attorney Mariana Follador presented “Between Borders and Trends: Brazil in the Landscape of Non-Traditional Trademarks.” She provided a comparative overview of the legal protection afforded to these assets in different jurisdictions, including the United States and the European Union, highlighting practical examples relevant to the Brazilian context.
The second panel addressed “New Technologies and Intellectual Property Rights.” In her presentation, “Is the Algorithm the New Infringer? AI, Trademarks, and the Challenges of Assigning Liability,” attorney Larissa Nunes Pietoso emphasized that advances in Artificial Intelligence do not eliminate the exclusive rights granted to trademark owners. However, she pointed out that one of the main challenges today is identifying who is legally responsible when an algorithm improperly reproduces a protected sign.
To address this challenge, Larissa proposed urgent regulatory measures. Her suggestions included requiring developers to disclose which trademarks and content have been used to train AI models, as well as creating a system through which rights holders could register their assets and prevent AI platforms from using or reproducing them without prior authorization.
Closing the discussions, attorney Júlia Bessa Sanzi addressed “Facial Biometrics and Brazil’s General Data Protection Law (LGPD): Balancing Innovation, Security, and Data Protection.” Júlia mapped the parties potentially involved in violations of rights — platform operators, developers, and end users — and raised a key question about the regulatory approaches needed to balance public safety, technological convenience, and citizens’ fundamental data protection rights.
