Edition: 191 | Month: July | August | Year: 2024
Summary
6
Editor note’s
By Laetitia d’Hanens, Maitê Cecilia Fabbri Moro and Ana Carolina Cagnoni
7
Generative Artificial Intelligence appropriability regime: Intellectual Property and Open Source
By Valéria Delgado Bastos, Sergio Medeiros Paulino de Carvalho and Adelaide Maria de Souza Antunes
The fast dissemination of generative AI coupled with the expansion of open-source models appear to challenge the appropriability regime established by a small group of leading AI companies, in terms of dominant design, specialized assets, and intellectual property regime. The broad and hybrid regime, which has coexisted harmoniously with open source until now, has left a trail of open questions that are now becoming evident. The work analyzes the proliferation of emerging generative AI models with a focus on BigTechs and the dynamics of their appropriability regime, faced with the challenges of the great wave of open source models and the emergence of new players, based on methodological treatment based on bibliographical research.
Keywords: Generative Artificial Intelligence. Intellectual Property Rights. Strategic IP Management. Open-source Licenses.
18
A new perspective on the study of Visually Imperceptible Trademarks (Second part)
By Isabelle Ilicciev Lage
This paper studies the visually imperceptible non-traditional marks, aiming to understand the legal reasons that led to the prohibition of their registration on Brazilian legal system. To that end, it will be investigated whether non-traditional trademarks fulfil the trademark functions, as well as the eventual adequacy of unfair competition for the protection of non-traditional marks. Finally, based on an analysis of the arguments in favor of the possibility of registering non-traditional trademarks, the effects of the legal prohibition as a public policy, as well as the study of the historical struggles for social inclusion of people with disabilities, the inclusive potential of non-traditional marks will be investigated, which stems from the disruption of the visual standard of trademarks.
Keywords: Industrial Property. Non-Traditional Trademarks. Visually Imperceptible Trademarks. Legal Prohibition. Social Inclusion.
35
Copyright and artificial intelligence: an analysis of data input and its possible consequences
By Henrique Silveira Lisakowski
The rapid development of artificial intelligence (AI) is transforming various sectors, including copyright law, creating new legal challenges. This study seeks to determine whether the use of copyrighted works in training generative AI models constitutes copyright infringement and to assess the legal implications, with a focus on Brazil, the United States, and the European Union. Employing a deductive approach and analyzing legislation, case law, and precedents, the study finds that using protected works may infringe on copyright, though this is contingent on multiple factors. The study underscores the urgent need for more specific and appropriate regulations, given the current lack of legal certainty in the analyzed jurisdictions. The ultimate goal is to contribute to the development of solutions that ensure legal certainty for both authors of copyrighted works and AI developers.
Keywords: Artificial Intelligence. Copyright. AI Training. Protected Works. Copyright Infringement
57
Trademark infringement in the sportive context – counterfeiting and possible protection in brazilian law (Part 2)
By Pedro Henrique Soares Bechara
This article consists of the second and last part of an analysis of Brazilian legislation, doctrine, and case law on trademark violation, specifically with regard to the sports market segment, highlighting the protection mechanisms provided to trademark holders by the Brazilian legal system. This study is divided into 5 chapters – (i) introduction; (ii) the relevance of trademarks in sporting activities; (iii) understandings of trademark violation, trademark counterfeiting, and the protection provided by the Brazilian law; (iv) the current scenario of trademark violation and counterfeiting in the sporting field, and the influence of specific legislation; and (v) conclusion. The two last chapters of the study in question are hereby published as a second part of the article.
Keywords: Trademarks. Trademark violation. Trademark counterfeiting. Civil law. Intellectual property. Sports. Criminal classification of trademark counterfeiting. Industrial Property Law. General Sports Law. General World Cup Law.
71
The production of technical examination evidence in a patent infringement lawsuit: does the court-appointed expert need to have qualification in industrial property?
By Isabella Rodrigues Bonisolo
Due to the relevance of the production of technical examination evidence to the outcome of patent infringement lawsuits, the question arises: beyond the technical-scientific qualification in the technology protected by the patent, is it necessary for the court-appointed expert to also have industrial property educational background? The judgment rendered in the appeal case No. 5000160- 53.2014.8.21.0077, by the Rio Grande do Sul State Court of Appeals, as well as other decisions and some legal doctrine, assert that it is indeed necessary. This article presents civil procedural considerations that challenge this interpretation, which appears to represent the delegation of jurisdiction to the court-appointed expert. Instead of transferring the legal qualification to the expert, an alternative is proposed, emphasizing the strengthening of the judge’s role in all stages of the production of technical examination evidence, especially during the case management decision phase.
Keywords: Industrial Property. Civil Procedure. Patent. Technical examination evidence. Court-appointed expert qualification.
80
Code of Conduct as a mechanism for protecting geological and geophysical data against acts of unfair competition
By Adriano Marques Manso
The protection of geophysical and geological data is essential for the competitiveness of the mining and oil and gas industries. At the same time, there are numerous actors, such as employees, consultants, contractors, and statutory members, who need and gain access to the data for carrying out activities and pursuing business objectives, thereby increasing the risk of unfair competition through breach of trust and violation of secrecy. The provisions of TRIPS and Brazilian Intellectual Property Law indicate that the assessment of eligibility for state protection requires more than just claiming that the information is confidential. In this paper, we analyze the adoption and detailing of the corporate code of conduct to serve as a legitimizing mechanism for protection against acts of unfair competition resulting from breach of trust and violation of secrecy.
Keywords: Mining and Oil and Gas Industry. Code of Conduct. Breach of Confidentiality through Abuse of Trust. Protection Against Unfair competition.
