Newsletter Edition 48 - June 2023


2nd Scientific Meeting concludes on a high note

The 2nd Scientific Meeting of Study Committees, organized annually by the Study Committees of ABPI, concluded on a high note on June 16th. The high level of debates, with timely interventions and an appetite for more, brought together over 30 experts, both national and international guests, to discuss a wide range of Intellectual Property topics during the five-day event.

The last day of the colloquium began with a panel on “Integrated Strategy in Fighting against Piracy,” moderated by the coordinators of ABPI’s Committee on Repression on Infractions: José Henrique Werner, André Oliveira, and David Fernando Rodrigues. The panel featured presentations by Wagner Martins Carrasco de Oliveira, a delegate from the Civil Police of the State of São Paulo; Marco Antônio Palhano, a federal highway police officer; and Israel Vieira, a lawyer from Whirlpool.

In the second session of the day, participants delved into “Essential Patents and FRAND Licenses,” moderated by the coordinators of ABPI’s Committee on International Intellectual Property Law: Philippe Martins Bhering and Márcio Merkl. The speakers included Clemens Heusch, Global Head of Dispute Resolution at Nokia; Rufus Pichler from Fenwick & West law firm in the US; and Federal Judge Caroline Tauk.

The third and final panel, concluding the 2nd Scientific Meeting of ABPI Study Committees, addressed “Updates on the Remittance of Royalties and Flexibilization in the Registration Process in Technology Transfer Agreements.” The speaker was Márcio R. de Oliveira from Ernest & Young, with moderation by the coordinators of ABPI’s Committee on Technology Transfer and Franchising: Cândida Ribeiro Caffé, Patrícia Falcão, and Pablo Torquato.

Highlights from All Event Days:

On Monday, June 12, the first day of the event, the three panels addressed biodiversity and the sector’s legal framework.

The discussion on “ESG and Competition” featured presentations by Alexandre Giacaglia and environmental law expert Paula Amaral Mello, moderated by the coordinators of ABPI’s Committee on Competition Law: Lucas Antoniazzi and José Mauro Decoussau Machado.

The subsequent debate focused on the Nagoya Protocol. Luiz Ricardo Marinello, the coordinator of ABPI’s Committee on Geographical Indications, and lawyer Marcelo Nogueira discussed “Aspects Related to the Challenges Facing the Brazilian Legislative Scenario,” moderated by the coordinators of ABPI’s Advocacy Committee: Gustavo de Freitas Moraes and Isabela Estabile.

In the session on “Ratification of the Nagoya Protocol: The Perspective of Fair and Equitable Sharing of Benefits from the Use of Genetic Sequence Information,” Ana Viana from Natura and Guilherme Oliveira from Vale Technological Institute presented their views, with moderation by the coordinators of ABPI’s Committee on Cultivars & Biotechnology: Roberto Ribeiro, Maria Isabel de Castro Bingemer, and Marisa Moura Momoli.

On Tuesday, the first debate featured legal counsels from the International Olympic Committee (IOC), Marcos Yago and Maxime Vuille, discussing “Considerations of Intellectual Property in Esports from the Perspective of the Olympic Ecosystem.” The moderation was done by the coordinators of ABPI’s Committee on Sports and Electronic Games: Andrea Lerner and Fernanda Magalhães. The following presentation, titled “Protection of Street Art and Graffiti through Copyright – Controversial Issues,” was delivered by consultant and Reader at the University of London, Enrico Bonadio, with moderation by the coordinators of ABPI’s Committee on Copyrights and Personality Rights: Daniela Camara Colla, Pedro Tavares, and Camila Garcindo Dayrell Garrote.

The day’s debates concluded with presentations by ABPI’s Industrial Design Committee coordinators, André de Moura Reis, and Rhuan Quintanilha, discussing Brazil’s accession to the Hague Agreement.

On Wednesday, the talks on “Reputation and Geographical Indications” were given by Renaud Gaillard, regional IP advisor for the Embassy of France; Jorge Tonietto from Embrapa; and lawyer Marcos Fabrício Welge Gonçalves. The debate was moderated by ABPI’s Committee on Geographical Indications coordinators: Andrea Possinhas, Luiz Marinello, and Mariana Schwab Guerra Corrêa.

The debate on “The Boundaries Between Trade Secrets and Data Protection in the LGPD” was led by Daniela Copetti Cravo, a prosecutor from the city of Porto Alegre (RS), with moderation by the coordinators of ABPI’s Committee on Digital Law & Data Protection: José Eduardo de Vasconcellos Pieri, Fábio Luiz Barboza Pereira, and Vanessa Bastos Augusto de Assis Ribeiro.

The theme of the final panel of the day was “Trademarks, Internet, and Social Media: The Responsibility of Social Influencers for the Use and Promotion of Brands.” The speakers included influencer Victoria Ripper, Fernanda Oliveira from Prosa Branding agency, Carol Geissler, co-founder of Lumi Agency, and lawyer José Antonio Arochi from Arochi & Lindner Mexico. The moderation was carried out by ABPI’s Trademarks Committee coordinators: Clarissa Jaegger, Roberta Arantes, and Jana Fraccaroli.

On Thursday, the first debates focused on “The Plans of the New Government to Improve the BPTO and the Potential Use of the JPO as a Model of Excellence Office.” The speakers were Miguel Campo Dall’Orto Emery de Carvalho and Natália Semeria Ruschel, Intellectual Property coordinators from the Ministry of Development, Industry, Trade, and Services. A video featuring Ito Yuichi, Director of the Japan Patent Office (JPO), was presented, with question support from Yuta Yasuda from JETRO São Paulo and Miyuka Sato and Hirotsugu Taguchi, executives from JPO’s regional office. The ABPI Patents Committee coordinators, Viviane Trojan, Gabriela Neves Salerno, and Bernardo Marinho Fontes Alexandre, conducted the moderation.

The next panel addressed “New Technologies: How Patents and Other Forms of Protection Can Foster Innovation and Transform Daily Relationships and Experiences in an Increasingly Automated Environment.” The speakers included patent expert Leonardo da Silva Amaral from the electrical/electronics sector and economist Valéria Delgado Bastos, with moderation by the coordinators of ABPI’s Patents & New Technologies Committee: Ana Cristina Müller, Tarso Mesquita Machado, and Bruno Lopes Holfinger.

The last presentation of the day was delivered by Judge Alexandre Freitas Câmara from the Court of Justice of Rio de Janeiro, discussing “External Prejudice and the Possibility of Concentrated Acts in Intellectual Property.” The coordinators of ABPI’s Committee on Civil Procedure & ADR, João Vieira da Cunha, Marcelo Leite da Silva Mazzola, and Camila Avi Tormin, conducted the moderation.

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