Categories: Abpi Magazines

Edition: 160 | Month: May/June | Year: 2019

2 – Editor’s Note
By Márcio Merkl e Marcelo Mazzola

 

3 – Characters: The Overlapping of Copyright and Trademarks in the Public Domain – II
By Rodrigo Caetano

This study intends to study the possibility and how to deal with overlapping copyright and trademark rights regarding fictional characters, focusing on the public domains.

Keywords: fictional characters – copyright – trademarks – overlapping rights – public domain

 

24 – The Frontiers of Art. 32 of the Industrial Property Law and the current challenges of the holder in accepting voluntary amendments
By Caio Richa de Ribeiro e Ricardo Carvalho Rodrigues

The paper has no claim to completeness on such a complex matter within the Patent System. Rather, it aims on establishing a dialogue between the Brazilian regulatory framework related to the acceptability of amendments in patent applications, once its prosecution has been triggered, and the obstacles to be overcome by any patents who whishes to ensure its rights.

Keywords: patent – prosecution – amendments – article 32 of Brazilian IP Law – interpretation

 

36 – Fashion Law: Fashion Law in Brazil within the Courts
By Pietra Daneluzzi Quinelato

Fashion Law gained space in the international scenario in the last few years due to the socioeconomic importance of the fashion industry and a large number of disputes involving copies and the possible necessity of protection. The aim of the present study is introducing the Fashion Law theme and to show, through court decisions handed in two famous cases in Brazil involving copy in the fashion industry, the concepts and institutes of protection that compose this market.

Keywords: Fashion Law – Intellectual Property – copy – unfair competition – law cases

 

45 – Regulation of Data Collection: The Current Models of Data Protection in the World and LG PD
By Luisa Ferreira Gonzalez Penna

The present paper aims to analyze the current existing regulation systems of collection, treatment and storage of personal data in the main legal systems of the world, addressing the European system of data protection, the American system and, finally, the Brazilian system of data protection.

Keywords: new technologies – regulation – personal data protection – GDPR – Brazilian General Data Protection Act – LGPD.

 

53 – The Geopolitics of Intellectual Property: The Case of Antiretroviral Production and Compulsory Licensing for Medicines
By Sheila de Souza Corrêa de Melo e Maria das Graças Ferraz Bezerra

This article aims to discuss the meanings and disputes surrounding the compulsory licensing of drugs within the framework of Brazilian foreign policy based on a bibliographic investment on the production of antiretrovirals from the field reconfigurations provoked by the most recent pharmacological innovations with respect to the research for a cure for Aids and containment of the growing advance of HIV.

Keywords: Intellectual Property – antiretrovirals – compulsory licensing for medicinal products.

 

60 – Sports Celebrity Image Rights vs. Copyright of Tattoo Artists
By Daniel Valle

This article deals with Tattoo Artists Copyrights and their conflict with Sports Celebrities Image Rights in natural situations occasioned by the peculiarity of fixation mean of tattoos: the human body.

Keywords: copyright – tattoo – image rights – sports celebrity – conflict.

 

66 – Of Civil Liability on Offensive Content on Wikipedia
By Stephany Nicole Santos Araújo

The present paper aims to address the possibility of making Wikimedia Foundation civilly liable for the offensive content inserted in Wikipedia by its collaborators who are difficult to identify, one of the main characteristics of so-called peer-production.

Keywords: Peer-production – Wikipedia – Wikimedia Foundation – Civil Liability – Brazilian Civil Rights Framework for the Internet.

 

72 –  Schedule

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