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Edition: 197 | Month: July | August| Year: 2025

Summary

6
Editor note’s
Por Laetitia d’Hanens, Maitê Cecilia Fabbri Moro e Ana Carolina Cagnoni

7
Trademark Dilution Theory: A comparative analysis of the doctrine in the European Union and Brazil – towards definition and limitation 

(Instalment 1)
By Leonardo Pontes

This is the first part of an article which provides a comparative analysis of the trademark dilution doctrine in the European Union and Brazil, revealing significant disparities in evidentiary standards, emphasis on consumer protection, and the interpretation of the “mental link” concept (association).

The analysis highlights the importance of considering the legal context and values of each system in applying this doctrine. 

Furthermore, the article reflects on the impact of these  variations on global trade and the protection of intellectual property rights, proposing the harmonization of certain aspects to promote greater legal certainty. The increasing digitalization of commerce and the need to balance trademark protection with innovation and free competition are discussed, emphasizing the importance of continuous dialogue between jurisdictions and a critical analysis of existing practices.


Keywords:  Trademark dilution. Comparative trademark law. European Union. Brazil. Free competition.

31
Inventive activity in the workplace: regulation and benefit sharing
By Mauro Bolcato Dibe Rodrigues
The present article establishes a dialogue between  the Industrial Property Law (IPL) and labor law, aiming to provide reflections on inventions in the workplace and mechanisms for protecting the rights of worker inventors in the labor field. The article discusses the  different scenarios of ownership concerning inventions made by workers, whether they are employees stricto sensu or workers lato sensu, and advocates for the prevention of abuse of rights in employment contracts or service provision contracts to regulate inventive activities. Building upon these reflections, the present article presents a study on the methods for determining fair compensation for worker-inventors, analyzing a paradigmatic precedent from the Superior Labor Court (TST) regarding the sharing of benefits between worker inventors and the contracting company.

 

Keywords: Worker-inventor. Intellectual Property. Regulation. Benefit sharing. Fair compensation.

43
The principle of juridical gravitation applied to patent-protected inventions: conceptualization of principal and accessory inventions and implications for the unity of invention and the threshold of enablement and precision of the invention
By Giselle Guimarães Gomes

This article investigates the application of the principle of  juridical gravitation to patent-protected inventions, from the hypothesis that these inventions, like other goods, can be classified as principal or accessory, with implications for the unity of invention and for the threshold of enablement and precision of the invention.

 

Keywords:  Industrial Property. Invention Patents. Principal Invention. Unity of Invention. Threshold of Enablement and Precision of the Invention.

63
Construction contracts for artistic and literary works
By Eduardo Miceli Fanti Fajardo

While commonly associated with civil construction, the  construction contract in Brazil admits any form of work, which encompasses, inevitably, literary and artistic works.

 

This article seeks to provide a general angle of the  construction contract and the necessary adaptations to copyright as a whole – notably the transfer of rights -, while also demonstrate the utility and versatility of such contract, as well as establish the common elements to works made for hire in the United States and, mainly, their distinctions.


Keywords:  Construction Contracts. Copyright. Contracts. Work made for hire. Obligations.

73
Supersonic – The Adidas vs. Thom Browne Battle  in the Blockcore and Sports Universe in the UK
By Pietra Andrade Rodrigues and Guilherme Nakid Prado

The article examines the origins of blokecore, a British aesthetic  that emerged between the 1970s and 1990s, associated with football fan culture and the working class, characterized by a blend of sportswear and casual clothing. Recently revived in the fashion world, this style played a key role in positioning Adidas as a central figure in both fashion and sports, largely due to its three iconic stripes. Within this context, the article discusses the legal dispute between Adidas and the luxury brand Thom Browne, which incorporates four stripes into its designs. Adidas alleged a likelihood of confusion with its trademark; however, the company was defeated before the UK courts, which deemed the differences perceptible and the use of stripes a generic visual element. The ruling raised important discussions regarding the absence of the application of acquired distinctiveness and well-known status, highlighting the legal challenges faced by established brands in protecting their intangible assets in highly competitive markets.

 

Keywords: Adidas. Intellectual Property. Fashion. Thom Browne. United Kingdom.

92
Effectiveness of technology transfer in national STIs: analysis of key factors
By Franco Barese Espala Vieira, Marinilza Bruno de Carvalho and  Flávia Lima do Carmo

The reductions in industrial participation in GDP and  investment capacity in RDI place Brazil in the position of technology importer, causing economic imbalance. In Science and Technology Institutions (STIs), there is a difficulty in technological production, observed, for example, in the low rate of technology transfer (TT) from ICTs to companies. This work aims to contribute to the capabilities of STIs, identifying positive and negative impact factors in the TT process. This study adopts a qualitative approach with a descriptive objective,  using bibliographic and documentary research, in addition to content analysis. The results indicate that the main determining conditions are related to the expertise of the professionals involved and the applied procedures, with these conditions being identified even in institutions with greater experience in the activity. Furthermore, challenges identified more than 15 years ago remained, which have already been solved in international contexts. Given this scenario, it is suggested that improvements in the management of Science and Technology Institutions (STIs) can contribute to increasing Technology Transfer (TT) rates.

 

Keywords: Technology transfer. Critical factors. Processes management. Science and Technology Institution. Technology Transfer Office.

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