Edition: 195 | Month: March | April | Year: 2025
Summary
6
Editor note’s
By Laetitia d’Hanens, Maitê Cecilia Fabbri Moro and Ana Carolina Cagnoni
7
Statement from ABPI’s Diversity and Inclusion Committee
By Isabella Cardozo, Joana de Mattos Siqueira, Monique Bastos and Pedro Vilhena
9
Identity protection: personality rights, trademarks, and legal strategies
By Luciana Gonçalves de Freitas and Letícia Khater Covesi
This article explores the intersection between personality and trademark rights, both aimed at protecting essential aspects of individual and corporate identity in an ever-changing environment. Personality rights ensure prerogatives such as dignity, intimacy and image, while trademark rights protect distinctive signs of products or services, preventing unfair competitive practices. However, the border between these domains can be blurred, especially when marketing products and services, with challenges such as the misuse of images in advertising and the dilution of corporate identity. Legislation and jurisprudence play a crucial role in defining limits and ensuring adequate protection of these rights. Through an analysis of case law and legal regulations, this article offers a comprehensive view of the convergence between these rights. Furthermore, reflections are proposed on the future of legislation and legal practice in this field, aiming to guarantee effective and balanced protection for individuals and companies.
Keywords: Personality rights. Trademarks rights. Identity. Legal protection. Unfair competition.
19
Copyright and streaming: implications of the low compensation for the purpose of the copyright institute
By Gabriela Mendonça Moura
This article investigated the impact of technological innovations, such as blockchain and NFTs, on the luxury industry, highlighting the creation of innovative experiences for customers, greater engagement, and protection against counterfeiting. Using the emblematic case between Hermès and Mason Rothschild, it explored how these technologies were applied to protect intellectual creations, ensure product authenticity, and promote more personalized interactions. The research also examined Brazilian and international legislation on intellectual property, highlighting the need for regulatory adaptations to deal with these new technologies. The results indicated that blockchain and NFTs have significant potential to transform the luxury industry, offering robust protection against counterfeiting and strengthening the certification of product authenticity. It concluded that, although there are regulatory bases, developing new regulations to protect intellectual property rights and foster innovation in the sector is essential.
Keywords: Technological Innovations. Intellectual Property. Luxury Industry. Product Authenticity. Marketing Strategies
32
The practice of parallel import under Brazilian trademark law (Part 2)
By Ana Luiza Castello Brigagão
This study is the first part of an analysis of the practice of parallel import in Brazil, with a focus on trademark law. In view of the doctrinal and jurisprudential controversies regarding the legality of this phenomenon, the aim was to unravel the doubt that hangs over the political choice of the infra-constitutional legislator regarding the legality of parallel imports, when related to the institute of trademarks. To this end, the study began with an analysis of the economic order adopted by the Brazilian Constitution of 1988, then moved on to a study of competition in the trademark field, the context in which this practice is inserted, and ended with an analysis of the interpretation of Brazilian courts in specific cases. This led to the conclusion that, in the Brazilian legal system, given the legislator’s adoption of the principle of national exhaustion, parallel importation is an illicit practice when carried out without the explicit or tacit consent of the trademark owner.
Keywords: Industrial Property. Parallel Import. Trademarks. Exhaustion Principle. Competition.
59
Patents of invention: trends
By Sabina Nehmi de Oliveira
The Artificial Intelligence (AI) is impacting patent protection law, which need to adapt to new inventions and authorship definitions. At the same time, patent examination methodologies need to be revised to establish specific types of evidence described in the descriptive report in certain areas of technology, as per the original patent application, to minimize patent evergreening. On the other hand, new inventions and examination guidelines are proving to be more sustainable, signaling concern for the environment, although there are still obstacles in the international patent system that hinder access to new medicines for the population in developing or underdeveloped countries, regarding prices charged, or even their preparation technologies.
Keywords: Patents. Trends. Public Health. Artificial Intelligence. Evergreening.
73
Special Hearing to question the expert in patent nullity lawsuits
By Isabel Milman
In patents nullity lawsuits, expert evidence plays a major role in forming the judge’s conviction. Therefore, due to the erga omnes effectiveness of the decisions on the merits handed down in these cases, it is essential that there is strict judicial control of the evidence and that the parties are guaranteed the possibility of exhausting their questions to the expert, including in a special hearing (art. 477, paragraph 3, Code of Civil Procedure). 477, paragraph 3, Code of Civil Procedure), to guarantee that the expert opinion can answer, in the safest possible way, the controversy over the (in)validity of the patent in question.
Keywords: Civil Procedure. Patent nullity. Expert evidence. Judicial review. Special hearing.
82
Creation of the INPI’s Gender, Diversity, and Inclusion Strategic Agenda (2021-2023)
By Rafaela Di Sabato Guerrante and Larissa Ormay
This article explores the origins of the Cross-Cutting Gender, Diversity, and Inclusion (DEI) agenda at the Brazilian National Institute of Industrial Property (INPI). By reviewing official records to reconstruct the institutional history, the study aims to share INPI’s experience with DEI initiatives, promoting public transparency and inspiring other organizations. Key findings underscore the significance of both national and international partnerships, as well as the institutionalization of best practices. Challenges encountered include cultural resistance and limited resources. The study concludes that the initiatives implemented during this period mark an unprecedented advancement for INPI. However, the establishment of a formal DEI policy, supported by evaluation metrics, is essential for ensuring the sustainability and effectiveness of these actions.
Keywords: Diversity and inclusion. Governance. Intellectual property. Gender equity. Public service.
97
Patentability of medical uses in Brazil, Europe and the USA
By Bianca Bassetto Bissoni and Marina Guimarães Siqueira
