Edition: 192 | Month: September | October | Year: 2024
Summary
6
Editor note’s
By Laetitia d’Hanens, Maitê Cecilia Fabbri Moro e Ana Carolina Cagnoni
7
Economic evaluation of famous and well-known trademarks
By Ricardo Júlio Costa Oliveira e Carlos Eduardo Neves de Carvalho
Society is experiencing a time of accelerated development and appreciation of technological products and services. The largest publicly traded companies in the world are providers of virtual facilities that add and innovate the way people live together. These products and services are classified in accounting as intangible assets and have their own requirements to be recognized and recorded in the books and statements. Among the most frequently encountered intangible assets are intellectual properties, which can be developed or acquired by a business entity. In this context, trademarks differentiate themselves in transmitting security and trust to the consumer, when purchasing technological products or services. Therefore, the more famous the trademark, the greater its economic and social value. Finally, these assets can be valuated to attract investments or trade in the market, reaching values that vary according to their type, distinctiveness and relevance to the consumer market.
Keywords: Intangible Assets. Trademarks. Distinctiveness Books and Records. Valuation.
22
Regulations perspectives of Artificial Intelligence and Intellectual Property: why the regulatory excess is bad for market
By Francisco Auler
While there is still doctrinal divergence regarding the definition of artificial intelligence, the technology has been evolving and completely changing society on a global scale. Currently, artificial intelligence performs functions that would have been unimaginable in the recent past. Machines have evolved to the point of learning and developing on their own, known as deep learning and machine learning. Therefore, global concern exists about regulating the sector to preserve social well-being. However, despite the evident need to impose rules and limits on the sector, there is great concern about how this will affect the growth of the premature AI market. The greatest challenge faced by the global legal system is to achieve adequate regulation that does not deter investors and destabilize the market. Thus, recognizing the importance of the technological sector to the economy, there is a push to create a legally strong regulatory model that is beneficial for entrepreneurs. Therefore, through a comparative study between foreign and national legislations, efforts are made to find means for adequate regulation and accountability that are less burdensome for active companies. This article will explore the central legal issues of the topic, such as the creation of regulatory bodies and the thesis of civil liability.
Keywords: Artificial intelligence. Regulation. Intellectual Property. Market. Innovation.
29
Surveillance by AI and its moderation on the EU (Part 1)
By Emilie Maciel
This article addresses the intersection between privacy, Artificial Intelligence (AI), and patent ethics. It explores the origins and contemporary manifestations of privacy, tensions with surveillance, and highlights the ethical and legal challenges of AI. Additionally, it examines how patent rules, such as the European Patent Convention (EPC), deal with AI surveillance inventions, considering concepts of morality and public order. Finally, it underscores the need for international efforts to regulate AI and protect individual rights, along with the importance of investigating states’ practices in interpreting and applying patent laws and ethical considerations.
Keywords: Privacy. Surveillance. Artificial Intelligence (AI). Morality. “Ordre Public”.
45
The social function of geographic indications: an analysis from technical specification booklets of seal from the south region of Brasil
By Alessandra Staggemeier Londero e Isabel Silva De Gregori
In Intellectual Property rights, when the ownership title is over a product or service, the guarantee can come from the Geographical Indication institute. When designated by GI seals, directly connect the consumer with the location, climatic and geographic factors that influence the recognized quality. So the question arises: To what extent are GIs able to maintain their social function? To this end, the analysis will verify whether the social function described in the Specific Technical Notebook of the GIs at the time of registration is maintained. The systemic-complex theory of Capra, Morin and Locatelli was applied, using the deductive approach and the monographic procedure. The conclusion reached is that no matter how important the economic aspects of development are, GIs maintain their essence, and thus their social function, but bringing their own evolution to the property-society relationship.
Keywords: Development. Social function.Geographical indication. Industrial Property. Seal.
71
Trademark degeneration: legal basis, applicability and legal consequences
By Rodrigo Gaspar Larocca
Distinctiveness is an essential characteristic for a sign to function as a mark. It is, at the same time, a requirement for granting a registration and the essential function of the trademark. Distinctiveness, however, can be linked to the way the public perceives the signal. It can be associated with communication mechanisms and, therefore, subject to changes resulting from the evolution of the language. Thus, a distinctive sign in its genesis may cease to be distinctive, since in the current use of language it becomes synonymous with the product or service it aims to identify. This phenomenon is known as trademark degeneration. This article aims to examine the applicability of the phenomenon of degeneration in Brazilian law, based on the legal grounds established in the private law system and the doctrinal theories regarding degeneration, in order to achieve a technical-legal examination of what the legal consequences could be resulting from the degeneration of a sign registered as a trademark.
Keywords: Trademark. Distinctiveness. Degeneration. Registration. Legal consequences.
86
Comparative aspects about copyrights: a study of Spedidam case
By Giovanna Martins Sampaio, João Antonio Belmino dos Santos e Jaqueline San Galo
This article aims to analyze the Spedidam case involving the French Court of Cassation and Second Instance and the European legislation with regard to its instrumental document, the Operating Treaty, through a critical case study methodology, as well as an eminently reflective, analytical and comparative look through bibliographic review. It, therefore, covers the facts, arguments, and merits of the Juridical bodies involved, focusing on the decision, outlining brief introductory notes about copyrights, comparatively in different jurisdictions, and with the contribution of different European cases studied and investigated for this research article.
Keywords: Copyright. European Union. French Court of Cassation.