Edition: 200 | Month: January | February | Year: 2026
8
Editor note’s
By Paulo Parente Marques Mendes and Carlos Eduardo Neves De Carvalho.
9
General rules and principles of medical advertising under Brazilian law
By Alexandre Macedo Altberg, Alysson Hautsch Oikawa, Fernanda Marquerie Gebara, Julia Pazos, Larissa Andréa Carasso Kac, Liliane Agostinho Leite, Mariana Zanardo Dessotti Cromberg and Talita do Nascimento Sabatini Garcia.
Medical advertising in Brazil is regulated by a specific set of rules aimed at protecting both professionals and patients. This article analyzes the main guidelines established by the Brazilian Federal Medical Council (CFM) and other regulatory bodies, examining the ethical and legal principles that guide medical communication in the country. Through a literature review and document analysis, the study presents the fundamental rules, the imposed limitations, and the contemporary challenges of Brazilian medical advertising.
Keywords: Medical advertising. Medical ethics. Brazilian legislation. Federal Council of Medicine. Medical marketing.
27
Between Data and Rights: the regulation of text and data mining in light of Copyrights in Brazil
By Vitória Maturana de Britto, Priscila Francielle dos Santos Knoop and Kelly Lissandra Bruch.
49
Putative discharge of copyright royalties: the extraordinary legitimacy of ECAD (Central Office for Collection and Distribution) and the controversial interpretation by the STJ (Superior Court of Justice (Brazil)) – collective management of literary and musical works. (Part 1)
By Geraldo da Cunha Macedo
This paper offers a critical reflection on one of the most controversial issues in contemporary copyright law: the legitimacy granted to the Central Office for Collection and Distribution (ECAD) in collective management of literary musical works. Supported by Law No. 9,610/98, the Brazilian model established a centralized system, assigning ECAD responsibility for collecting and distributing amounts related to public performance on behalf of represented associations. The study examines whether the exclusivity recognized by the Superior Court of Justice constitutes extraordinary legitimacy or exceeds legal limits, assessing practical impacts and potential conflicts with copyright. In the context of digital transformation, it analyzes risks arising from concentrated collective management and its effects on constitutional principles. By questioning the current model, the study seeks to contribute to academic and institutional debate, highlighting the need for greater transparency, balanced interests, and regulatory improvement in Brazil’s consolidated copyright system.
Keywords: Copyright. Individual management. Collective management of literary and musical works. Legitimacy. ECAD.
67
5P Trademark Conflict Test: A Proposal to Reduce Subjectivity in Trademark Analysis in Brazil
By Maiquel Isago Pavelecini, Ricardo Antonow da Costa and Rodrigo Perozzo Noll.
The analysis of trademark conflicts in Brazil lacks objective criteria, making the decision-making process at the National Institute of Industrial Property (INPI) vulnerable to examiner subjectivity. Despite regulatory frameworks such as the Industrial Property Law (Law No. 9,279/96) and INPI’s Trademark Manual, the application of normative concepts is not always consistent, compromising legal certainty for applicants. This article proposes the 5P Trademark Conflict Test, inspired by the 360º confusion test adopted by the Superior Court of Justice (STJ), as a tool to assist the technical analysis of distinctive signs. The test consists of f ive key questions to identify potential conflicting elements. The research is applied, with a qualitative, exploratory, and descriptive approach. The proposal aims to enhance predictability and consistency in INPI analyses, supporting legal professionals and practitioners working in the field of industrial property.
Keywords: Trademark Conflict. INPI. Subjectivity in Trademark Analysis. Brand Confusion. Industrial Property.
83
Test data protection in pesticides: a documentary analysis
By Larissa Pierozan, Kelly Lissandra Bruch and Cláudio Vinícius Silva Farias.
Test data constitute strategic assets for organizations whose products depend on state approval for commercialization. In Brazil, Law No. 10,603/2002 establishes a period of exclusivity for agrochemical test data but lacks regulatory detail. The article aims to understand how test data submitted to government entities for the approval of pesticide commercialization in Brazil are protected. A qualitative and exploratory approach was adopted, with documentary research conducted with Mapa, Anvisa, Ibama, and other international organizations. The results confirm limited regulation of Law No. 10,603/2002, absence of a definition of which information is protected, and lack of procedures for data disclosure in cases involving public interest exceptions or the expiration of confidentiality periods. It is concluded that this regulatory gap generates legal uncertainty, risks of informational overprotection, and barriers to competition, indicating the need for complementary regulation, institutional alignment, and greater transparency in the management of test data in Brazil.
Keywords: Pesticides. Trade Secrets. Undisclosed Information. Confidentiality. Intellectual Property.
101
The custom of unfair competition in São Paulo
By Paulo Henrique Gomes Alves.
This article examines unfair competition in São Paulo, showing how piracy, counterfeiting, and unauthorized trademark use have become socially tolerated. Based on Brazilian Industrial Property Law (Law No. 9,279/96), it highlights the gap between legal rules and everyday practice, as well as economic, social, and public health impacts. Finally, it discusses enforcement actions and proposes corrective measures to strengthen oversight and promote respect for intellectual property.
Keywords: Industrial Property. Competition. Unfair. Paulista.
118
Nota Temática – The protection of trademark families under the binomial principle–necessity and purpose
By Gustavo Adolfo S. G. Pugliesi
The article examines the legal significance of protecting so‐called “trademark families,” understood as groups of marks that share common distinctive elements and are owned by the same rights holder. Based on doctrinal analysis and judicial precedent, it is demonstrated that such marks should not be assessed in isolation, but rather as an integrated body of intangible assets whose function is to reinforce corporate identity and facilitate consumer recognition. The protection afforded to trademark families is grounded in the purpose–necessity binomial: the purpose of ensuring the clear identification of the commercial origin of goods and services, and the necessity of preventing consumer confusion, improper association, and dilution arising from third‐party use. Practical examples and national and international case law illustrate that the unauthorized use of shared elements may harm both consumers and the legitimate proprietor. The article concludes that, even in the absence of express statutory provisions, the recognition of trademark families should be applied by the Brazilian Patent and Trademark Office (INPI) and by the Judiciary as a means of strengthening the rights granted under Law No. 9.279/96, thereby promoting legal certainty, consumer loyalty, and effective protection of business investment.
Keywords: Trademarks. Protection. Trademark family. Recognition. Applicability.
122
Nota Temática – The “breaking” of patents for weight loss pens and compulsory licensing
By Bianca Bassetto Bissoni and Marina Guimarães Siqueira.
The debate over a compulsory license for weight loss injection pens has revived discussions on how to balance access to medicines, patent protection, and innovation. Recent bills seek to declare tirzepatide to be of public interest, but this does not lead to a “patent break”. Under Brazilian IP Law, no such concept exists: compulsory licensing for public interest is a legal, exceptional, and temporary mechanism that keeps the patent valid while requiring remuneration to the holder. Only the Executive Branch may issue such a measure, based on technical justification and specific legal conditions. Efavirenz precedent shows that implementation is far from straightforward. Although compulsory licensing can expand access and reduce prices, indiscriminate use could undermine legal certainty. Alternatives such as direct negotiations, voluntary licensing, and technological partnerships can also enhance access without affecting exclusivity. Compulsory license remains a legitimate tool, but one that requires strict technical and legal rigor.
Keywords: Compulsory license. Patent break. Tirzepatide. Public interest. Bill.