By Márcio Merkl and Marcelo Mazzola
Children and teenagers creators-inventors
By Alejandro Knaesel Arrabal, Wanda Helena Mendes Muniz Falcão and Otávio Henrique Baumgarten Arrabal
This work explores a subject that is still little debated in the field of guarantees related to creativity: the legal aspects related to the inventions of children and teenagers. Prepared from a bibliographic and legislative review, the article addresses the intercessions between the guidelines for the protection of children and teenagers, and the guidelines of the intellectual property system. The work reveals that the recognition of patrimonial and moral rights over inventions conceived by children and adolescents, is integrated with the integral protection doctrine as an expression of human existential dignity.
Keywords: Children. Teenagers. Creativity. Invention
Interpreters of Brazilian Sign Language and the protection by related rights to copyright
By Paulo Armando Innocente de Souza and Amanda de Almeida Barbosa
The article exposes the discussion about the possibility of classifying the professional interpreter of the Brazilian Sign Language (LIBRAS) as a true “interpreter”, and not only as a “translator”, considering the performance endowed with subjectivity, technical knowledge and sensitivity, which makes the interpreter capable of being protected by related rights according to the Brazilian Copyright Law (Law No. 9610/98). In this respect, the discussion and the broader scope of the protection assigned by the classification as “interpreter” is justified by the imperative importance of encouraging and developing the activity of the LIBRAS interpreter, given the significance of the population share depending on this interpretation for their integration into the community, although it is also necessary to observe the limitations inherent to copyright and related rights.
Keywords: Related Rights. Brazilian Sign Language. LIBRAS. Interpreter. Translation. Copyright.
The doctrine of foreign equivalents in trademark law: a judicial disaster?
By Leonardo Machado Pontes
This article considers the doctrine of foreign equivalents in trademark law in the USA, the EU and in Brazil. In other words, how should the distinctiveness of foreign words as trademarks be interpreted in countries where their inhabitants do not understand their descriptive or generic meaning? This article explores the growing importance of surveys in trademark litigation in the interpretation of foreign equivalents. Legal uncertainty remains a problem in this area of the law. In order to put an end to this problem, this article proposes, based on European comparative law, both a reform of the Industrial Property Law, as well as the adoption of a minimum percentage of consumers in surveys to recognize more broadly the secondary meaning of descriptive marks, and also to refuse application of the doctrine of foreign equivalents.
Keywords: Trademark law. Foreign equivalents. Surveys. Comparative law. Secondary meaning. Distinctiveness. Infringement.
Copyrights and public places: thin line between free representation and reproduction in any scale
By Talita do Nascimento Sabatini Garcia, Thaís Fortes and Roberta Chrispim
This article aims to bring, through practical cases, the reflection on the limits of the legality of the reproduction and representation of works located in public places, since the Brazilian case law has peculiarities regarding the theme.
Keywords: Copyright. Works in public places. Representation. Reproduction. Limits.
Streaming, first sale doctrine and new perspectives
By Sérgio L. Reis and Lenisa Prado
Since technology brought new business models which changed the audiovisual market it became necessary to analyze issues regarding streaming services and the copyright exhaustion (i.e., the first sale doctrine) in order to establish a new balance on this subject.
Keywords: Copyright. First sale doctrine. Streaming. Rights’ exhaustion. Competition.