Nota do Editor
Por Márcio Merkl e Marcelo Mazzola
- Assessment of Patent Infringement by Equivalence: A Proposal
- By Rafael Salomão Safe Romano Aguillar
The 1996 Industrial Property Act introduced the doctrine of equivalents into Brazilian statutory Law, as it was previously understood as patent infringement by legal scholars and a few precedents alone. Notwithstanding the foregoing, the statute does not provide for objective criteria upon which one can assert a patent infringement under the doctrine of equivalents, nor does the national case Law. This paper presents the most relevant American and British case Law on this matter and a regulatory proposal through theestablishment of a Brazilian national test to apply the doctrine of equivalents.
Keywords: Intellectual Property – patent Law – doctrine of equivalents.
- Impacts of Innovation and Disruption of Markets. Frequency Music in the Streaming Era
By Marcelo Nogueira Mallen da Silva
This article argues that there are some notes on the insertion of the latest musical repertoire platform via streaming, compared to hypotheses of unfair competition and infringement of the economic order.
Keywords: innovation – market disruption – technology – competition – free access.
- An Analysis of Trademark Protection as an Incentive to Innovation
By Marco Antonio de Oliveira
Innovation tends to boost economic, social and technological development. In this process the role of the innovator is essential for an improvement to be implemented in the market. This process until its effective acceptance in the market can be arduous and costly, being necessary some kind of incentive and guarantee to the innovating agent. Thus, the present study aims to analyze through the current foundations of trademark protection, how this can contribute to the incentive to innovation in companies.
Keywords: Intellectual Property – trademark – innovation
- The interlocutory appeal in the actions of a trademark infraction: Mitigation of the Tax List due to the Decision of Dismissing Evidence
By Rafael Marques Rocha e Paulo Armando Innocente de Souza
The article presents how the closed hypothesis to file interlocutory appeals, brought by the Civil Proceedings Code of 2015, is currently being dealt with by the Courts and its possible reflections on the decisions that rejects the production of evidence to support court actions of trademark infringement. The infringement of trademark registrations (or other intellectual property rights) are not always immediately verified, and it is essential to open the evidentiary phase, which is why rejecting the production of evidence in lawsuits of this nature may lead to immediate prejudice of difficult reparation that should be reviewed by means of interlocutory appeals, given the urgency and possibility of damage. The subject, in a comprehensive way, not limited to infringement actions, was already decided by the Superior Court of Justice that ruled in the sense of widening the hypothesis for the filing of interlocutory appeals.
Keywords: interlocutory appeal – closed hypothesis – mitigated variability – trademark infringement – evidentiary phase – urgency and damage – decision from the Superior Court of Justice
- Cloud Act: Cloud Service Contracting by Public Administration
By Demetrius Ferreira Chacur
The objective of the article is to bring to the discussion possible legal debates regarding the contracting of cloud computing services by the Brazilian Public Administration, after the advent of the American law known as Cloud Act, in the hypothesis that the contractor is company that is obliged to provide information of a confidential nature.
Keywords: Cloud Act – services – cloud computing – contracting – Public Administration – Bidding Process no 29/2018
- Approximation Theory
By José Carlos Tinoco Soares
That which is fought against is the unseemly practice of taking advantage of a noteworthy trademark or image in the market. It is the unhealthy spirit of taking advantage of a third party asset.
- AIPPI in Focus
- Resolutions approved at the 2018 World Congress in Cancun (Part 2) Question of Study. 3D Trademark Registrability Study Question (Drawings). Partial Industrial Designs