Equitable Compensation for Reproduction for Private Use in Portuguese and European Union Copyright (Copyright Levies) 3
By Alexandre Libório Dias Pereira
The regulation of the compensation for private copying, provided for in Article 82 of the Code of Copyright and Related Rights, has been revised by Law No. 49/2015, which introduced the second amendment to Law No. 62/1998 to conform Portuguese domestic law to the Directive 2001/29 on aspects of copyright and related rights in the information society. This paper explains the origins and evolution of copyright levies and provides an analysis of case-law, in particular several judgments from the EU Court of Justice.
Keywords: copyright and related rights – right of reproduction – private use – fair compensation – ECJ case-law
Streaming Services from the Copyright Perspective: Tensions and Perspectives 30
By Vitor S. Galveas e Veronica Lagassi
This work aims to interpret the controversial aspects of the author’s rights related to the streaming services. As of from the historical analyses, and mainly from the inevitable technological advances, it appears the need to study the reorganization of author’s rights system, bearing in mind that these new services re-scalated the flow of information and the usage of artworks such as music and movies.
Keywords: collective management – Intellectual Property – streaming – blockchain – smart contracts
Art and Copyright: The Dilemmas of Authorship in Contemporary Art 50
By Marcelo Conrado
Starting with art and moving on to law, this article analyzes authorship in contemporary art, in particular three situations that can result in legal implications: (i) when the artist requires the participation of the public in the work of art, (ii) when the artist delegates the execution of their work of art to someone else, and, (iii) when the artist makes use of appropriations, including the appropriation of the works of other artists.
Keywords: copyright – contemporary art – authorship – appropriation – originality
The Trademark Audit Process at the USPTO and its Reflections on Brazilian Practice 62
By Aruan Benatto Monastier
The subject paper aims to discuss the recent American tendency related to performing audits on registered trademarks, in special regarding their effective use, as well as to debate how said procedure might affect Industrial Property agents in Brazil, noticeably those whose clients have or intend to have trademarks in the United States of America.
Keywords: registration – trademark – audit – USPTO – use
Intellectual Property Management in Collaborative Knowledge Networks 70
By Márcia Brito Nery Alves e Ana Eleonora Almeida Paixão
This article analyzes the mechanisms of intellectual property management in collaborative innovation networks, based on the need of a strategic vision of intellectual property in the context of collaborative arrangements. For this, are articulate ideas of authors such as Gloor (2005), Bush; Amrit (2005), Perry; Candlot; Corne (2010), Qiu; Wang; Nian (2014), among others.
Keywords: knowledge management – Intellectual Property – collaborative networks.
Brands: Complementary Assets or Appropriability Regime? 78
By Paula Gobbis Patriarca
The article starts from concepts of Economic Science to question the nature of complementary asset given to the brand. The brand is not an exogenous factor to the company. It takes time to build. Is the brand really a complementary asset or does it characterize, on its own, a profit appropriation regime? From saving on consumer search costs we come to savings in the cost of launching the innovative product or service.
Keywords: brand – innovation – complementary assets – profit appropriation regime – competition.
Industrial Design Registry – This Unknown 83
By Lucas Martins Gaiarsa (In Memoriam)