5 – Editor note’s

By Márcio Merkl e Marcelo Mazzola

6 – Comments on pandemic and access to strategic technologies 

By Jacques Labrunie e Guilherme Della Guardia Pires 

This paper details Brazilian regulatory developments regarding patent compulsory licensing, construes Brazilian law concerning TRIPS flexibilities implementation and outlines by which means Brazil relates with the relativization of patent exclusivity, as well as shapes the country’s degree of technological innovation. Finally, this essay intends to analyze three (3) draft bills presented to Brazilian Congress (PL 1.184/20, PL 1.320/20 and PL 1.462/20) regarding patent compulsory licensing presented due to concerns with the access to strategic technologies to fight COVID-19 pandemic (caused by SARS-CoV-2). Finally, the analysis aims at considering in which topics the bills really change significantly Brazilian regulation concerning patent compulsory licensing and whether these changes actually grant access to strategic technologies or not. In conclusion, this paper states that the draft bills, in its original wording, are not groundbreaking and, at the items they really modify the current regulation, it is possible that they may result in a reverse effect considering their intentions. 

Keywords: Compulsory licensing. Patents.Pandemic. COVID-19. Draft bills.

17 – The bankruptcy as just cause to interrupt the trademark’s use 

By Gabriela Alves Clementel e Renata Niada Engel

The purpose of this article is to analyze whether the adjudication of bankruptcy constitutes a legitimate reason for interrupting the use of the trademark, avoiding the declaration of forfeiture and the consequent extinction of the registration. 

Keywords: Bankruptcy. Brand. Forfeiture. Commercial Law. Intellectual Property

28 – The legal effects of trademark disclaimers

By Natascha Ballestero F. Barão

This paper investigates to what extent a disclaimer is effective, in the legal concept of the term, and in which contexts a disclaimer is ineffective for trademark distinctiveness. The work is focused upon the analysis of court opinions. Throughout this paper, the possible effects of a disclaimer, if for the purpose of constituting, declaring, restricting, or merely clarifying the exclusive rights on a trademark, will be analyzed. 

Keywords: Industrial Property. Trademarks. Disclaimer. Efficacy. Court decisions

44 – Analysis on the use of the Law of Goodness (Law 11.196/2005) in Brazilian Companies

By Aline Moreira Vanderlei e Marcelo Jasmim Meirino

Brazilian companies seem to be unaware of the types and forms of subsidies available through the “The Law of Goodness” (Law 11.196/2005). What are the barriers to the effective use of the law? To clarify this issue, carried out a historical survey of the companies participating of the incentives provided by the law, correlating with the MCTIC Annual Report. It is about qualitative research, descriptive and exploratory approach and interviews with specialists. Have been identified four important converging actions for Innovation Management and the adoption of the Law: acculturation of the company on innovation; process management and control; partnership with academic institutions; and understanding of the different types of innovation. 

Keywords: Innovation management. The Law of Goodness. Tax incentives

 

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