Abpi Magazines

Edition: 171 | Month: March | April | Year: 2021

6

Editor note’s

Márcio Merkl e Marcelo Mazzola   

7

Importance of Patent Strong Scope

Cesar Vianna Moreira Júnior

Deuzanira Lima dos Santos

Maria Ângela de Souza Fernandes

Pedro Leal de Lima Soares

This article addresses the issue of industrial property with regard to the exclusive related to patents, particularly regarding the importance of the strong scope of protection for the various actors and users of the Brazilian patent system. In this context, the study takes the following approaches: (i) relevance of the description of a patent application and the correct use of the characterizing term in order to clearly define the matter to be protected; (ii) details how the Scientific and Technological Institutions (STIs) are inserted in this theme; (iii) analyzes the functioning of the IP system and the appropriation regimes.

Keywords: Characterizing Term. Industrial Property. Patent System. INPI. STI.  

28

Comments and recommendations for regulating the Nagoya Protocol in Brazil 

Braulio Ferreira de Souza Dias

Manuela da Silva

Luiz Ricardo Marinello

Brazil deposited at the UN Secretariat its ratification of Nagoya Protocol on March 4, 2021. 90 (ninety) days from this date, the country becomes a member of the Nagoya Protocol, assuming rights and duties. This paper aims to contribute to the challenge that the country will have in harmonizing the Nagoya Protocol and its internal legal framework (Law 13.123/2015 regulated by Decree 8.772 /2016).

Keywords: Genetic resources. Associated traditional knowledge. Access. Benefit sharing. CBD.

50

Responsibility of third-parties and unfair competition 

Pedro de Abreu Monteiro Campos

The foundations, assumptions and consequences of the institutes are analyzed to demonstrate that they have been used as an adornment of the other, wrongfully and, consequently, contributing to the trivialization of constitutional values.

Keywords: Unfair competition. Third-parties responsibility. Theory of the third-party offender. Illegal competition. Contracts

65

Responsibility of third-parties and unfair competition  

Ana Carolina de Azevedo

This article seeks to analyze the recent case of the Digital Interactive Doors, installed in the yellow line of the São Paulo subway, checking whether it corresponds to an example of violation of privacy and intimacy rights, or whether the activities performed by ViaQuatro (concessionaire) were compliant with Brazilian Data Protection Law.

Keywords: Digital Interactive Doors. Brazilian Data Protection Law. Biometric Data. Privacy. Anonymised Data.

 

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