6
Editor note’s
By Márcio Merkl and Marcelo Mazzola
7
The fundamental right to health, industrial
property rights and the administrative regulation
of medicinal products in Portugal
By Roberta S. M. Fernandes R. Marques
The universal access to medicine may conflict with industrial property rights and the protection of pharmacological data. The aim of this article is to address the issue and analyze the instruments that exist to reconcile such rights and existing solutions.
Keywords: Medicine. Fundamental right. Industrial property. Compulsory license. Expropriation.
21
Blockchain in Brazil: an overview
of the 21st century technology
By Kone Prieto Furtunato Cesário, Lucas Ramires Pêgo e Ygor Silva da Costa
The present article pursues to draw an outlook upon the new technology of blockchain in the Brazilian context. Therefore, it introduces concepts such as Smart Contracts and NFTs, which are innovative technologies in the field of data protection. Insofar as questions about containment of commission of crimes that attack intangible property arise, when discussing the coverage of the technology, it is revealed as imperative to analyse how Intellectual Property operates in such cases. Moreover, in its development, the study presents the juridical nature in light of the nactional doctrine and the relationship between blockchain and copyrights in Brazil and its innovations. Based on the premise that there may occur obstacles derived from the large-scale usage of blockchain in Brazil, its unfoldings, such as regulation and incorporation, already are a worldwide reality, with a growing tendency of transformation from a social fact to become part of the private law doctrine.
Keywords: Technology. Blockchain. Intellectual Property. Law. Brazil
29
Copyright law in Brazil and the dilemma of the works
produced by artificial intelligence
By Ana Paula Pitta de Moura
The present article brings an overview of the copyright rules currently in force in Brazil and of the problems of their application over works created by artificial intelligence, especially in what concerns authorship attribution and the rights deriving from this position. It also indicates some of the proposals of solution still under debate.
Keywords: Authorship. Artificial Intelligence. Creation. Ownership.
37
The consequences of the vulgarization
of a registered trademark
By Hiago de Borba Busch
The practical result of trademark vulgarization can be the limitation, complete or partial, of its excluding effects, which is equivalent to the formal extinction of the registration before the Brazilian Industrial Property Office.
Keywords: Trademark. Vulgarization. Genericism. Degeneration. Distinctiveness. Secondary meaning.
44
Standards norte-americanos no âmbito do
copyright à luz do caso “Enola Holmes”
By Gabriela Soares Cardoso
The “Enola Holmes” case was responsible for exposing several matters to be answered by US courts regarding the application of copyright to fictional characters, which put into question the effectiveness of the currently applied standards by these courts.
Keywords: Copyright, Enola Holmes, Originality, Character Delineation test, Story Being Told test.