The president of ABPI, Luiz Edgard Montaury Pimenta, pointed out this Friday, 16, during a virtual debate promoted by EMERJ – School of Magistracy of the State of Rio de Janeiro, four relevant issues of litigation in intellectual property present in the country’s courts: the problem of qualified expertise, the lack of specialized business chambers in the Court of Justice of Rio de Janeiro, the preliminary injunctions and the excessive delay in the granting of patents by the INPI – National Institute of Intellectual Property. The debate on Disputes in Copyright, mediated by judges Cláudia Telles de Menezes and Cristina Tereza Gauli, also featured lectures by prosecutor Guilherme Braga Peña de Moraes, and lawyers Simone Lahorgue Nunes and Gustavo Martins de Almeida.
Regarding qualified expertise, Montaury Pimenta often highlighted the lack of technical qualification of the expert appointed by the magistrate, which causes delays in the process and impairs the quality of decisions. On the issue of the lack of specialized chambers in business law in the Court of Justice of Rio (TJ-RJ), as in the case of the TJ-SP, he noted that he recently discussed the matter with the president of the TJ-RJ, Judge Henrique de Andrade Figueira, who will even participate as a speaker at the 41st International Congress on Intellectual Property of the ABPI, which will take place from August 23 to 26, online.
On the issue of injunctions that deal with infringement of trademarks and patents, the president of the ABPI noted that the indemnities charged to the infringers do not compensate for the damage caused to the holder of the rights. According to him, the infringer often uses a trademark or patent for years and, at the end of the process, is condemned to pay low royalties, equivalent to those of a legal licensee, but without the contractual obligations of licensing. “Indemnities in general in the courts of Brazil, despite having improved, are still low and do not serve as a disincentive to the practice of infractions”, he said.
In his presentation, Peña de Moraes highlighted the fact that the internet lost its entertainment feature to become a forum for political manifestation and, in this line, cited examples from several countries, such as Iceland, which even elaborated its constitution by the network. Social. Attorney Simone Lahorgue Nunes, in turn, addressed, among other points, the problem of the appropriation of content produced by traditional media by new digital platforms. She cited the examples of the European Union, which used copyright law to balance these two interests, and the Australian News Media Bargaining Code, which aims to make big companies, such as Google and Facebook, negotiate some kind of remuneration for media.
In his focus on copyright in the visual arts, lawyer Martins de Almeida presented museum images and emblematic works to demonstrate the global trend towards digitizing collections and the various forms of art that are becoming more accessible to the general public. “I tried to show a broad vision of copyright and its reflection in the world of arts in this universe of relationships that goes beyond the mere exhibition of the work and branches out through a holistic and contractual vision”, he said.
You can watch the full webinar on Emerj’s YouTube channel. Click here to watch!