Edition: 146 | Month: January/February | Year: 2017

• Editor’s Note 2

By João Marcelo de Lima Assafim

An Episode of Brazilian Commercial Diplomacy: The Controversy Initiated by the USA over Article 68 of the Industrial Property Law and Brazil’s Response 3

In 2000 the United States launched a dispute in the WTO against Brazil, on the argument that the requirement to locally exploit patents, as set under section 68 of Law 9,279/96, infringes several provisions of the WTO Agreement, namely the TRIPS Agreement and the GATT 1994. However, instead of defending itself, Brazil has counterattacked. This article, besides analyzing the national and international rules on patent exploitation, describes the strategy that led Brazil to win the commercial dispute.

Keywords: Patents – Paris Convention – TRIPS Agreement – GATT – local exploitation requirement – dispute solution mechanism

• ST J’s Recent Leading Case Regarding INPI’s Performance in the Analysis of Technology Transfer Contracts 25
  By Gabriel Leonardos
  
  This paper examines a recent decision by the Brazilian Superior Court of Justice according to which it is possible that the Brazilian Patent Office interfere in technology transfer agreements, namely to reject approval to the price agreed by the parties when they are related companies.
  
  Keywords: technology transfer – royalties – BPO interference
  
• The 2015 Code of Civil Procedure and Industrial Property: The Impact of Innovations on Provisional Guardianship 29
  By Humberto Dalla Bernardina de Pinho, Tatiana Machado Alves e Roberto Rodrigues Monteiro de Pinho
  
  In light of the notion of instrumentality of civil procedure, the innovations of the Brazilian Code of Civil Procedure of 2015 are better understood in the context of their use for the defense of material rights before courts. Thereby, this article will analyze how the novelties regarding provisional remedies will impact intellectual property lawsuits.
  
  Keywords: Civil Procedure – Code of Civil Procedure – Intellectual Property – provisional remedies
  
• Conflictive Praxis on the Protection of the Clinical Dossier for Medicines for Human Use in Brazil: Prognoses and Public Policies 40
  By Pedro Marcos Nunes Barbosa
  
  The present paper enhances the public policies involved on the protection of data package concerning human pharmaceutical, through unfair competition regulation, well as the access to medicines issue.
  
  Keywords: data protection – unfair competition – access to medicines
  
• Practical Aspects of Pledge of Marks 48
  By Diogo Dias Teixeira
  
  Nowadays, intellectual property portfolios and specially trademarks usually compose an important part of the assets of a company. Therefore, business transactions are increasingly adopting security over trademarks in order to protect the creditor from events of default of the debtor. Trademark pledge agreements play a fundamental role in this scenario.
  
  Keywords: pledge – trademarks – security over ip – intangible – Intellectual Property – agreements
  
• The Paradox of the Exploitation of Designation of Origin by the Mexican Tequileira Industry 56
  By André Tibau Campos e Lucia Regina Rangel de Moraes Valente Fernandes
  
  The Designations of Origin have the potential to benefit populations of specific locations and regional identities. These benefits depend on conditions that allow their achievements. In the case of tequila, the lack of politics that strengthen the link between the production of the liquor and the traditional know-how has favored the appropriation of that DO by large distilleries, harming the small local producers.
  
  Keywords: Designation of Origin; tequila; rural development
  
• Electronic Crimes 62
  By Emília Malgueiro Campos e Maíra Lins Prado
  
  The article briefly explores new perspectives over the evolution of technological advance, from the point of view of criminal law, specially concerning a still recent legislation and new classifications and virtual relationships.
  
  Keywords: electronic crimes – internet – e-crimes – cyber crime
  
  Commented Jurisprudence The case of Bismarck photography, with comments by Josef Kohler 66
  By Karin Grau-Kuntz
  
  Keywords: rights relating to the personality – right of personal portrayal – photograph
  
• World Intellectual Property Report 69
  
• Schedule 72