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Editor’s Note 2
By João Marcelo de Lima Assafim

Trademark Law: The Parody and Criticism Exception and the Edition of the Three-Step Tests of the TRIPs Agreement for the Protection of Freedom of Expression 3

By Edson Beas Rodrigues Junior

The highlighted article of specific cases. Examine the potential of the results of the three steps of TRIPs for freedom of expression. Exception to the exception of trademark rights (exception of parody and criticism).

Keywords: trademark rights – three-step test – TRIPs agreement – brand freedom expression – conflict – comparative law.


This article deals with the conflict between trademark law and freedom of expression. It presents the three-step test of the TRIPs Agreement as a legal tool to promote freedom of expression. It presents the so-called parody exception.

Keywords: trademarks – three-step test – TRIPs agreement – freedom of expression – conflicts – comparative law.

The Analysis of Inventive Activities by the Problem Solution Approach – PSA from EPO 29
By Antonio Carlos Souza de Abrantes

What is the PSA adopted by the international EPO office in order to pursue the exercise of inventive activities and have influenced as director of other patent bodies, including INPI in Brazil. The publication this article is analyze the PSA and as starry is often for essential.

Keywords: patents – inventive activity – solving problems


As a consequence of self-dilution resulting from Trademark License Agreements in the Luxury Market 40
By Gabriel Sacramento

This article aims to provide an overview of the specificities inherent to luxury brands and analyze how the consequences of a possible marketing dilution of luxury brands due to the unrestrained and uncontrolled use of Brand Use License Agreements (self-dilution) as a strategy for expanding the stock market and the consumer product portfolio.

Keywords: brands – luxury market – dilution – license agreements.

This work aims to outline the specifics of luxury brands and analyze the consequences of a possible dilution of luxury brands due to the unbridled and uncontrolled use of licensing contracts (self-dilution) as a strategy for expanding the market and the portfolio of brands. products offered to the consumer.

Keywords: brands – luxury market – brand dilution – license agreements.


José Carlos Tinoco Soares

If the INPI is not misunderstood, it can be exercised through an “impugnation” prior to the registration of the nullity exercise or the judiciary.

Keyword: precedence.


Due to the wrong understanding by the INPI, the same can be practiced, by means of a “challenge” before registration and then by requesting a cancellation procedure or through the Judiciary.

Keyword: precedence.


Protecting Intellectual Property in Topographies of Integrated Circuits in Brazil 55
By Matheus Souza Pinto Engel

The article exposes the current scenario of protection of Intellectual Property of topographies of integrated circuits in Brazil, tracing a brief panorama of the Brazilian company of integrated circuits and raising the circuit particles form this context. In order to enrich the discussion, the central bank of the INPI registration database.

Keyword: circuito integrado – chip – topografia – Propriedade Intelectual – circuito impresso – sui generis

The article exposes the current scenario for the protection of intellectual property in topographies of integrated circuits in Brazil, outlining a brief overview of the Brazilian integrated circuits industry and raising the issue of printed circuit boards in this context. To enrich the discussion, data are also presented regarding the filling of applications at the INPI.

Keywords: integrated circuit – chip – topography – intellectual property – printed circuit – sui generis

The Decadence or Prescription of Actions for Nullity of an Administrative Act 60
By Gabriel Leonardos

The article discusses the legal nature of the extinct term applicable to the action for nullity of a trademark registration, especially in cases where there is a prior filing to the INPI of an administrative nullity request.

Keyword: nullity of trademark registration – prescription and decay


The paper discusses the legal aspects of the statute of limitations applicable to a lawsuit seeking the annulment of a trademark registration, with special focus on the case in which the lawsuit is preceded by an annulment request submitted to the Brazilian Trademark Office.

Keywords: annulment of trademark registration – statute of limitation

Commented Jurisprudence

Plastic Works of Art in Public Spaces – The Case “AIDA Kussmund” – BGH, 27/04/2017 – I ZR 247/15 64
By Karin Grau-Kuntz

Keywords: copyright – photos in public places – photography


World Intellectual Property Report 66

Agenda 71