6 – President Message’s
By Luiz Edgard Montaury Pimenta
7 – Editor note’s
By Márcio Merkl and Marcelo Mazzola
8 – The possibility of perpetual licensing of image, voice and name and its relations with the right of withdrawal and the right to be forgotten
By Laetitia Maria Alice Pablo d’Hanens, Rodrigo Silva Perpétuo e Luiz Guilherme Veiga Valente
This paper analyses the possibility, as per the Brazilian legislation, opinions of jurists and case law, of entering into contracts relating to image, voice and name rights for a perpetual term and specific use, in light of both the strictly personal aspects of such rights, as well as in accordance with other personality rights, notably the right of withdrawal and the right to be forgotten.
Keywords: Image rights. Publicity rights. Personality rights. Right of withdrawal. Right to be forgotten.
20 – Critic on the parasitic use on the Commercial Code draft: the existence of a “simbiotic use”
By João Marcelo Baptista Villela
This article intends to analyze the handling of parasitic use of intellectual assets on the draft of the Brazilian Commercial Code, under the Bill no. 1572/2011, under the perspective of the economic constitutional order that is grounded on the values of freedom of initiative, competitive freedom and on the competitive enviroment, its consequences and the benefits that could be earned by the asset holder when a lawfull use by a free rider takes place.
Keywords: Parasitc exploitation. Freedom of initiative. Free enterprise. Free competition. Unfair competition. Preliminar draft of the Brazilian Commercial Code.
29 – Bolar exemption (art.43, section VII of the LPI): finalistic and temporal limits
By Eduardo Riess
The bolar exception arose in order to allow the prompt entrance into the market of alternatives to patented products (after the expiration of the respective patents) that depend on sanitary approval to be commercialized, enabling unauthorized third parties to make use of the patented technology (still in force) with the sole purpose of producing experimental information and data aiming at obtaining this commercial approval. Like any exception rule, however, its applicability depends on a narrow observance of the elements inserted within its provision (art. 43, Section VII of Law n. 9,279/96), and it is precisely in this sense that this article proposes a brief reflection: What would these – finalistic and temporal – existential conditions of the rule be? And in practical terms, how do they materialize?
Keywords: Industrial Property. Patents. Bolar Exception.
39 – Legal grounds of BPTO’s patent backlog combat plan
By Jacques Labrunie e Marcos Chucralla Moherdaui Blasi
The so-called “backlog”, understood as the stock of patent applications pending on analysis by patent offices, is a global concern and, in Brazil, has acquired the status of a chronic problem. Resolutions 240 and 241, issued on July 3, 2019, inaugurated a consistent and audacious plan in its goals in order to face the challenging scenario and did not escape administrative and judicial questioning. The purpose of this article is to examine the legal grounds of the program (particularly focused on Resolution 241) under the Brazilian Federal Constitution and national legislation as well as of the treaties that rule the subject matter.
Keywords: Backlog. Combat Plan. Legal Grounds. Brazilian Industrial Property Law. CUP. TRIPS. PCT
52 – Comments on compulsory patent licensing draft bills during state of health emergency
By Alexandre Miura, Caroline Aguiar, Daniel Campos e Marina Battistella
This article analyzes the impacts of the bills of law introduced to ease the legislation on compulsory licensing in the context of state of emergency, especially during the COVID-19 pandemic. We analyze three bills of law on the subject and indicate their possible impacts in the field of intellectual property. Keywords: Compulsory, licensing, patent, bills, state of emergency.
61 – AIPPI em Foco- Resoluções aprovadas no Congresso Mundial de 2019, em Londres (Parte 2)
Por Rafael Atab