Editor’s Note 2
By Márcio Merkl
Standard Essential Patents: Implications for Licensing and Competitive Repercussions 3
By Juliana L. B. Viegas
This article addresses the advantages of standardizing technical standards and the risks inherent in the potential abuse of their patent rights, which are avoidable through FRAND licensing. Analysis of these terms and other principles applicable to the calculation of royalties, such as the “Georgia-Pacific Factors” and the “smallest salable unit”. Relevant case law.
Keywords: Standard Essential Patent – SEP – FRAND licensing: fair, reasonable and non-discriminatory – Georgia-Pacific factors – principle of the smallest salable unit
Intellectual Property and State Intervention: Fundamentals of Customs Inspection in the Repression of Counterfeit Goods 17
By Vinicius Cervantes Gorgone Arruda
Through the presentation of pratical and theoretical foundations which legitimate the State intervention in the economic activities, this article aims to expose one of the most controversial issues related to repression of importation of products that infringe Intellectual Property Rights: the legality and the legitimacy of customs authorities to determined, ex officio, the retention, the apprehension and the enforcement of the loss of cargo
Keywords: infringement of Intellectual Property – customs control – State intervention – illegal Market
Reassignment of INPI’s Procedural Position in Nullity Actions: A Dynamic Litisconsorte. Need for Affection of the Theme by the STJ 31
By Marcelo Mazzola e Nathalia Ribeiro
This article analyzes the controversy concerning the BPTO’s procedural position in lawsuits involving the declaration of nullity of Industrial Property Rights. In such actions, the public interest protection stands out, and the BPTO does not defend its own interests, which allows the public entity to migrate between the parties (dynamic co-party), such as occurs in Popular Action and in Administrative Improbity Actions. Considering the relevance of the theme and the dissenting positions, the Superior Court of Justice shall issue a binding decision regarding the subject.
Keywords: BPTO – procedural position – public interest – dynamic co-party – mandatory revie – court costs and counsel fees – expectation of a binding precedent from the Superior Court of Justice
Financing SME Innovation via the Capital Market: A New Paradigm in the Brazilian Context 42
By Marcos Chucralla Moherdaui Blasi
In Brazil, traditionally, capital markets are not seen as an attractive source of funding for early-stage companies. Recently, however, a joint mobilization of private and government agents has implemented some measures to change this ecosystem. This article aims to assess the motivation and impact of such measures.
Keywords: innovation – financing – access to capital markets – SMEs – minor offers
Can Technological Filters Contribute to the Prevention of Copyright Violations on the Internet? 57
By Maria Cecília Oliveira Gomes
The present paper aims to analyze the role of content filtering as a tool for the protection of copyright on the internet as intends to give an overview of the way in which the Brazilian legislation and jurisprudence has dealt with the issue in Brazil, Finally, the paper proposes a reflection questioning if it is possible to promote and make practical a preventive position by the platforms that use technological filters, on behalf of preserving copyright protection on the internet.
Keywords: copyright – content filtering – content monitoring – content removal – Intelectuall Property – law and technology