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Editor note’s

By Márcio Merkl e Marcelo Mazzola

Incompatibility of moral damages to the legal entity. Damage, which is patrimonial, and difficulty in quantification

Lívia Barboza Maia

The article investigates the origin and purpose of the moral damage to verify its compatibility with the application to legal entities. When verifying its incompatibility, the jurisprudential creation of objective honor is investigated. It is concluded that the damage experienced by the legal entity is patrimonial damage, but the difficulty in quantifying it makes the judges use moral damage as a fiction justified by its liberality in valuation. 

Keywords: Moral damage. Objective honor. Patrimonial damage. Legal entity. Quantification.


Copyrights and Design in Fashion Law

Letícia Soster Arrosi

The research problem of the article is: What is the relationship between copyright and design and what are the forms of legal protection for fashion creations in this context? The general objective is to understand the relationship between design and copyright in the scope of businesses linked to the fashion world. As for the methodology, a bibliographic work was carried out with a deductive-dialectic approach, because from the general concepts linked to fashion and the Law, the answer to the research problem was applied. 

Keywords: Fashion. Industrial Design. Copyright. Intellectual Property

Audiovisual works – authorship, Producers’ rights. New uses, new rights and challenges

Gilberto P C Toscano de Britto e Marcelo Goyanes

This article is aimed at analyzing the various author rights included in one audiovisual work in the context of the Brazilian audiovisual industry in the last few decades. It identifies some legal lacunae and controversies over this legal regime as well as some requests from active economic agents in this industry. 

Keywords: Copyright. Audiovisual works. Producer’s rights. Video on demand (VOD). New uses in Copyright.

Industrial property rights and the extinguishment of private law entities

Fábio Lima Leite

This article aims to analyze the industrial property right’s destination in the moment of the extinguishment of private law entities, and to propose some solutions to avoid the maintenance of registration on behalf of an inexistent entities, which comes out as a problem, considering that other companies intend to use similar names or products, though they cannot, since these names or products are registered and protected (though irregularly). 

Keywords: Industrial property. Trademark. patent. Industrial drawing. Social function of the property. 

Blockchain and intellectual property: practical impacts of the technology

Felipe Dannemann Lundgren e Marcelo Mazzola

This article addresses the practical applications and the impacts of the blockchain technology in the field of intellectual property, bringing thoughts about the evolution of the technology and its potential of use as means of evidence in administrative and judicial disputes. 

Keywords: Blockchain. Intellectual Property. NFT. Means of evidence. Technology.


“STATUTE OF LIMITATIONS”: permanent damages, rises every day, continuing infringement, away from the time limit?

José Carlos Tinoco Soares

Statute of limitations vs. Permanent Damages, an anomaly to the well established doctrine named Statute of Limitations. That innovation offends what has been adopted for over a century. 

Keywords: Statute of limitation. Industrial Property. Permanent Damages. Continuing Infringement.