Editor’s Note 2
Por João Marcelo de Lima Assafim
Orphan Works in European and Portuguese Copyright Law 3
By Alexandre Libório Dias Pereira
The European Union has adopted a new copyright Directive, which allows under restrictive circumstances certain uses of orphan works for purposes of public interest. This paper provides an analysis of the Directive as well as its implementation into Portuguese national law, by amendments of the Copyright Code (Author’s Rights and Related Rights) and the introduction of a new free use of copyrighted works concerning orphans works, but without providing fair compensation for authors.
Keywords: orphan works – copyright – limitations and exceptions – three-step test – proportionality – equitable compensation
Defense Companies and Intellectual Property Instruments: Brief Analysis of Federal Legislation 17
By Lenilton Duran Pinto Corrêa e Eduardo Winter
This work addresses the strategic use of intellectual property as a competitive differential for companies that act or wish to act in the National Defense sector, based on a brief analysis of Federal Law and the Brazilian public policies.
Keywords: defense companies – Intellectual Property – innovation – national defense – Brazil
Brand Vulgarization: Social Interest in Competition and Consumer Relations as the Foundation for the Decommissioning of the Exclusivity Right 31
By Andreza Cristina Baroni
Trademark is the signal, that has as main function to distinguish the goods or services marked by it. There are situations, however, in which the trademark loses its distinctive character. Therefore, it is necessary to find legal ways to allow all interested parties the unrestricted use of trademarks that have permanently lost their most basic distinctive function.
Keywords: trademark – function – degeneration – generification
Dilution When It Actually Occurs 41
By José Carlos Tinoco Soares
Dilution is the precise term used in North American law. Between us, judges and professional make too much confusion out of it, which enables us to clarify.
Keywords:
Pharmaceutical Patents: A Brief Analysis of the Main Aspects Involving Brazilian Legislation 50
By Kátia Karime Lima dos Santos
This article aims to make an analysis of the most controversial aspects of Brazilian legislation with respect to pharmaceutical patents, with emphasis on the analysis of the pipeline patent and the veto power of Anvisa when granting patents, and also about the impact caused by the ratification of the TRIPs Agreement in domestic legislation.
Keywords: pharmaceutical patents – TRIPs Agreement – patent pipeline – Anvisa
Legal Aspects of 3D Printing in Brazil 55
By Ricardo Pinho
The article analyzes the adequacy of the Brazilian Intellectual Property laws to challenge infringements of the said rights due to utilization of the 3D printing technology.
Keywords: 3D printing – infrigement of IP rights – counterfeiting
Intellectual Property Continues to Rise in Markets 59
By Diana Jungmann e Gabriel Di Blasi
Intellectual Property is a key feature in the dynamics of international trade. Through the analysis of data collected from official institutions, it is possible to draw important conclusions on the evolution and tendency of intangible assets trade, as well as the flow of technology on a global scale, which points out to a clear change of perspective in favor of open innovation.
Keywords: economic analysis of intangible assets – Global trade – IP royalties comparison – patents – open innovation
Commented Jurisprudence
STJ and Streaming: Comments to REsp 1,559,264 / RJ 62
By Pedro Marcos Nunes Barbosa
Keywords: collective societies – copyright – Streaming – public performance
World Intellectual Property Report 73
Schedule 76