6
Editor note’s
By Márcio Merkl and Marcelo Mazzola
7
Recalibrating the balance: the impact of non-fungible tokens for creators of artistic works
By Eduardo Miceli Fanti Fajardo
This article emphasizes the particularities of the technology that powers non-fungible tokens, how it impacts the creation and consumption of intellectual goods and indicates how it interacts with society and the environment, also providing a basic understanding of such technology.
Keywords: Non-fungible tokens. Copyright. Internet. Intellectual Property
21
The impact of second-use patents on
government purchases of medicines
By Guillermo Glassman e Rodrigo Mikamura
Before acquiring drugs, the government must evaluate whether there are patent rights over the product, including the so-called new use or “second use” therapeutic patents, restricting only a certain specific use of the medicine. In these cases, the product is in the public domain and patented at the same time. This article indicates how administrative law should deal with this situation, so that the Public Authorities may give prestige to economics without, however, violating patent rights.
Keywords: Public bidding. Pharmaceutical Assistance. Brazilian Public Health System. Second use patents.
33
The territoriality principle of trademarks and its reflections in a globalized society
By Fabiano Gonzaga
This article aims to analyze the relation between the territoriality principle of trademarks and globalization, seeking to understand whether the globalization process has altered the existing dynamics between trademarks and the territorial limits in which they are inserted. For this purpose, the study will examine the relevant local and international legislation, focusing on the Madrid System, in force in Brazil since 2019.
Keywords: Trademarks. Globalization. Territoriality Principle. Madrid System. Industrial Property.
43
Distance education – the limits to copyrights and the restrictive criteria for the assignment of rights
By Juliano Regattieri Oliveira
Distance learning is one of the fastest growing types of education in Brazil. It is a dissemination mechanism, which generally uses technological resources to achieve its objective. What many people do not know is that there is a range of rights involved in creating these educational contents. The purpose of the present work is to disclose considerations about the context of distance learning in Brazil, approaching legal aspects about copyrights and other fundamental rights for the proper construction, use and availability of creative content aimed at education. We will address the objects of rights and their limitations. Also to be pointed out is the growing stream of availability of Open Education Resources (OER), which is done through licenses, as well as the interpretative criteria of legal copyright transactions, as an aid to the effectiveness of the clauses set up in the contracts.
Keywords: Intellectual Property. Copyrights. Distance Education – EAD. Limitations to rights. Copyright Contracts.
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Obras de arte aplicada em marcas tridimensionais para embalagens face ao direito brasileiro com dupla proteção ou sobreposição
By Flávia Corrêa Vieira
This article has as its object of study to show the gaps that the Brazilian national law provides regarding the double protection of intellectual creations in the face of the abuse of rights, the provisions of Brazilian intellectual property laws, as well as the understanding of Brazilian doctrine and case law.
Keywords: Intellectual property. Double protection. Overlapping. Three Dimensional marks. Triple protection. Abuse of rights.