Edition: 188 | Month: January | February| Year: 2024
Summary
6
Editor note’s
By Laetitia d’Hanens and Maitê Cecilia Fabbri Moro
7
Ficctional Characters and Copyrights
By Pedro Marcos Nunes Barbosa e Emilie Maciel
This work aims to explore legal uncertainty concerning characters as intellectual creations, from their original protected (invention towards the state of art) form to their possible aesthetic and functional transformations and derivative work. In this sense, this work analyzes the ways in which transformations are used to appropriate an
intellectual asset while maintaining a balance between the freedom of expression and the respect for the purposes of public domain. Finally, this work also investigates the controversial matter of overlapping intellectual property rights concerning fiction characters, concluding against legal creativity that might enhance Intellectual Property
Rights and reduce public domain.
Keywords: Copyright. Aesthetics Transformation.Misappropriation. Freedom of Speech.
15
The Patent Backlog Combat Plan: considerations and results
By Douglas Alves Santos, Genizia Islabão de Islabão, Maria Clara Araujo de Paula e Tabatha Benitz
This article aims to analyze the Backlog Combat Plan, established by the Brazilian INPI’s Patent Directorate in 2019 with the main objective of reducing the number of patent applications pending technical examination by up to 80% within a period of two years. Therefore, it will analyze its precedents, fundamentals, instruments and results.
Keywords: BRPTO. Patent examination.Reduction of pendencies. Results
30
Essential patents in Brazil and challenges faced by developers of technological standard
By Rafael Augusto Marques da Costa, Tarso Mesquita Machado e Viviane Trojan
The article analyses some of the main challenges faced by holders of Standard Essential Patents (SEPs) when negotiating FRAND (Fair, Reasonable, and NonDiscriminatory) licenses. One of the obstacles discussed is the Patent Hold-Out strategy, adopted by some standard implementing companies. This tactic involves intentionally
refusing or delaying the licensing of patents covering a standardized technology for the purpose of obtaining undue advantages, potentially impacting the SEP holder’s revenues and market position. Additionally, the article examines the reasons behind this strategy and its economic and legal ramifications, while also proposing possible solutions to overcome these challenges and foster fairer negotiations in the realm of SEP licensing agreements.
Keywords: Standard Essential Patent. Patent Hold-Out.FRAND Terms. SEP Licensing.
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PARECER
Autonomia financeira do INPI.Interpretação da Constituição Federal, da Lei de Responsabilidade Fiscal, da Lei nº 3º da Lei nº 5.648/1970 e da Lei nº 9.279/1996.
By Sergio André Rocha
Keywords: Instituto Nacional da Propriedade Industrial – INPI. Income Destination. Public Prices. Revenue binding. Financial autonomy. Fiscal Responsibility Law. Article 3 of Law Nº 5.648/1970. Law Nº 9.279/1996.
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NOTA TEMÁTICA DA CÂMARA DE ARBITRAGEM DA CSD-ABPI: Arbitration and Trade Secrets
By Gilberto Martins de Almeida
Keywords: Arbitration. Trade Secrets. Intellectual Property.
