Edition: 182 | Month: January | February | Year: 2023
By Laetitia d’Hanens and Maitê Cecilia Fabbri Moro
Unfair competition and the limitation of free riding in Brazilian trade mark law: an European perspective (part I)
By Leonardo Machado Pontes
This article explores the eventual need to reassess the“free riding” doctrine in trade mark law. Originally advocated by Yves Saint-Gal in 1956, this doctrine has undergone several important limitations under modern European law since the classical theory of unfair competition created by Paul Roubier, in 1948. Considering the several well-grounded economic and legal critiques are warranted in relation to free riding, this article seats out to limit free riding theorisation under Brazilian law.
Keywords: Free riding. Trademarks. Unfair competition. Limits. Comparative Law.
Application of the binding Precedent 410/STJ and its impact on Intellectual Property Litigation
By Marcos Chucralla Moherdaui Blasi, Jaddy Maria Alves Pereira Messias e Artur Morandi El Faro
Even after the Brazilian Code of Civil Procedure (CPC/15) came into force, the personal summons is still considered by the Superior Court of Justice (STJ) as an indispensable condition for the adverse party to be aware of the content of judicial decisions that may result on the enforcement of penalty fee in case of non-compliance with the refraining order. In this sense, this article analyzes the decision issued on the appeal EREsp 1.360.577/MG and examines the impacts of the maintenance of the binding precedent 410/STJ on intellectual property litigation after the CPC/15, besides criticizing its maintenance in the practice of litigation in general.
Keywords: Position Marks. Registrability. Scope of Protection. Perspectives.
Advertising, the Three-step-rule and the Case Law of the Brazilian Superior Court of Justice
By Gabriel Leonardos
The paper analyses the adoption of the ThreeStep-Rule, which is an important limitation to copyright, foreseen in international treaties and in the Brazilian legislation, namely in the production of new audiovisual works for advertising purposes, with emphasis in the analysis of the case law of the Superior Court of Justice – STJ, which recently adjudicated the leading case on the matter.
Keywords: Copyright. Three-step-rule. Advertising work
Sapientia, Humanity and Speedy Patent – The painful phase we are going through
By José Carlos Tinoco Soares
Sapientia, Humanity and Speedy Patent. The wisdom of the enlightened give us medicines and means to fight the illness of humanity. So as to reward their investments, it is necessary the adopt a SPEEDY PATENT. The present note offers some comments on this proposal, as per the conclusions of the ASPI Study Group on the subject, in 2022.
Keywords: Sapientia. Humanity. Medicines. Speedy Patent.