7
Editor note’s
By Márcio Merkl e Marcelo Mazzola
8
Licenses (authorizations) for exploring intellectual work in Portugal and Brazil
By Rose Marie Rocha da Cunha
This article analyzes the licenses for the exploration of intellectual works under the prism of the Brazilian Copyright Law, Law 9.610 / 98, and the Portuguese Code of Copyright and Related Rights, dealing from the etymological concept of the term License until its effectiveness within the legal system, as well as comparisons between the studied laws. Finally, it presents the need for the licensing of intellectual works to protect the creator of the work, as a hyposufficient part.
Keywords: Contracts. Licenses. Copyright. Intellectual property. Exclusive exploration.
26
Artificial intelligence, increased human power and impacts on inventive step
By Caroline Somesom Tauk
The text examines the concept of inventive step regarding the greater participation of artificial intelligence systems in the inventive process and analyzes whether the routine use of these systems, in certain sectors, by increasing the skills of the person having ordinary skill in the art, would imply, in the medium term, a review of the obviousness standard, raising the bar to patentability.
Keywords: Intellectual property. Inventions. Artificial intelligence. Inventive Step.
38
The application of incident of the resolution of multiple claims on the same point of law in the industrial property
By Jhones Ferreira da Silva and Paulo Parente Marques Mendes
The present study intends to analyze the main aspects of the Incident of the Resolution of Multiple Claims on the Same Point of Law that has been praised in the legal literature because it has the capacity to contribute to the constitutional principle of the reasonable length of the proceedings, as well as to demonstrate that, although recent, it was filed to enable the setting of a precedent about patents.
Keywords: Civil Procedure Law. Industrial Property. Incident of the Resolution of Multiple Claims on the Same Point of Law. Patents. Precedents.
52
Incremental innovations and evergreening in the pharmaceutical industry
By Camila de Sousa Novis, Luisa Ferreira Gonzalez Penna and Mônica Sichel Gurvitz
The present paper discusses incremental inventions in the pharmaceutical industry in view of the patentability requirements established by INPI and discusses its relationship with the anti-competitive practice of evergreening, finally presenting a possible way out through Skinny labeling.
Keywords: Patents. Incremental Innovations. Evergreening. Skinny Labeling.
58
Reflections about INPI’s examination of trademarks based on repression to unfair competition
By Marco Antonio de Oliveira
Although in the past the National Institute of Industrial Property (INPI) took into account the repression of unfair competition and parasitism in the examination of trademark application, currently the Office does not consider the repression of unfair competition and parasitism. The trademark examination based on the repression of unfair competition would save time, effort and investment of right holders in the protection of their intellectual property, also contributing positively to holders and consumers. This study aims to reflect on the current position of the INPI over this matter.
Keywords: Intellectual Property (Brazil). Trademark. Unfair Competition.