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Edition: 180 | Month: September | October | Year: 2022

Editor note’s
By Laetitia d’Hanens and Maitê Cecilia Fabbri Moro

Analysis of the causes of supervenient loss of signal distinctivity and the possibility of extinction of trademark control
By Rafael Rodrigues de Souza and Eduardo Cury

This work aims analyze the causes of the supervening loss of distinctiveness of the signs, as well as the possibility of expanding the causes of extinction of a trademark. The methodology used was a literature review based on bibliographic research. Trademarks are distinctive, visually perceptible signs, having distinctiveness as their main function, which is the ability of a sign to differentiate itself from others that are identical. The possibility of this quality being lost at a later time, there is a questioning about the fate of the brand, since this hypothesis is not expressed in the legal causes of extinction. The main causes of subsequent loss of distinctiveness are vulgarization (change in popular perception of the signs) and dilution (due to the plurality of holders) and although they are not in the hypothesis of extinction of the brand, they can be conveniently evoked in administrative and judicial proceedings.

Keywords: Industrial property. Brands. Distinctiveness. Vulgarization. Dilution.

The legal protection of position marks in Brazil
By Victor Dreyssig Kronemberger

Although visually perceptive distinctive signs are eligible for trademark registration in Brazil for more than a century, the registration of position marks was not admitted until 2021. By elevating the position marks to the status of an autonomous distinctive sign, the late regulation of the matter by the BPTO tends to substantially change the way in which they are assimilated by operators of law. Through a normative, doctrinal, and case law study, this article analyzes the legal protection granted to the position marks in Brazil, evaluating the impacts of their regulation. The expectation is that the discussions on the subject will become increasingly frequent and sophisticated.

Keywords: Position Marks. Registrability. Scope of Protection. Perspectives.

Jurisprudence analysis on the alignment of the Court of Justice of the State of Rio de Janeiro and the Superior Court of Justice on trade dress

By Fernando Cavalcante Pinheiro

This paper aims to analyze the jurisprudence of the Court of Justice of the State of Rio de Janeiro on trade dress, and to verify whether the positions taken are in line with the Superior Court of Justice. This research is justified by the socioeconomic potential of the trade dress, in addition to the absence of legal provision on the subject. The study is important because it contributes to the discussion of the phenomena of unfair competition and trade dress, helping researchers, jurists and marketing professionals by demonstrating that the absence of a law defining trade dress is not synonymous with its non-existence. By analyzing the decisions of the courts, in order to list the concepts used by each, the study demonstrated that there is similarity among the positions in the researched courts and that the image-set, although not expressly provided for in law, already finds consistent legal protection

Keywords: Trade Dress. Unfair Competition. Intellectual Property. TJRJ. STJ. 

The protection of technical drawings by copyright

By Cauê Cavichioli Leão

This article aims to discuss and evaluate whether technical drawings applied to engineering, widely used by the industry in its most diverse fields of activity, could be considered an intellectual work and, therefore, be protected by Brazilian Copyright Law, also analyzing the protection of the technical drawings themselves through invention and utility model patents and through industrial designs, as well as the protection of the object portrayed by the technical drawing itself.

Keywords: Technical Drawings. Copyright. Protection

Clearance rights in audiovisual works (part 2)

By Flávia Marques Lizardo 

In this second part of this article, we refer to the Clearance procedure as a systematized process, suggested to audiovisual content production companies, in order to reduce and even eliminate risks of legal liabilities. By content production companies, shall be understood any companies in this industry, from television companies to cinematographic production companies and platforms which make content available through data transmission processes, such as Streaming. Thus, this second and last part of this article seeks to demonstrate that Clearance can be understood as a process that can be adopted by such companies and that it can be beneficial, due to the complexity of rights and obligations involving assets protected by intellectual property rights and personality rights, assets which are present in the production of an audiovisual work, as shown in Part 1 of this article.

Keywords: Clearance. Audiovisual Content. Companies. Content Producers. Intellectual Property. Rights. Assets. Audiovisual Works.