Thalissa Pádua Gilaberte

In celebration of World Intellectual Property Day, we invite you to delve into 'Brazilian Patent Litigation: 2022/2023 in Review,' a collaborative effort by Kasznar Leonardos' strategic patent litigation team. Our latest publication aims to address key issues in the interpretation and application of Brazilian Patent Law by the country’s courts between 2022 and 2023. Focusing on appellate court decisions, we analyze pivotal case law addressing various patent law issues. From patent-term adjustment, covering interim relief in infringement and nullity cases, to evidentiary standards in patent litigation, we explore pressing topics shaping Brazil's evolving role in Patent Law. Read the full content now by clicking on the link: https://lnkd.in/dghZ7KVw

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📝 Our latest blog, "Navigating Brazilian IP Laws: Common Challenges and Solutions," is part 9 of our series "Navigating Intellectual Property in Brazil: A Guide for US SMEs." In this comprehensive guide, we discuss the common hurdles US SMEs face and provide practical solutions and best practices to overcome them. Key Highlights: 🔸Overcoming language barriers with professional translation services 🔸Adapting to cultural differences with sensitivity training 🔸Navigate regulatory complexities with local IP experts Don't let the complexity of Brazilian IP laws hinder your business growth 🚀 🔗 Read the full article here: https://lnkd.in/dcCUauZa #BrazilianIP #IntellectualProperty #BusinessExpansion #MoellerIP

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🚀 Unveiling Innovation: This Week's RPI 2791 Highlights from INPI Publications Innovations and Evolutions in Intellectual Property Activities Across Brazil: A Detailed Technological Perspective 📅 Date: July 2nd, 2024 👤 Contact: M. J. Zanon – Brazilian IP Attorney-At-Law, Consultant & Registered Patent Agent 📧 Email: iplawyer@mjzanon.com 🎥 Watch Our Video Overview: Dive into the key highlights from this week's INPI publication with our exclusive video. Gain insights directly from experts and see the innovation firsthand! Watch here https://lnkd.in/dR9W2NBt 🔍 Abstract: This week's release from INPI, documented in RPI 2791, presents significant advancements across the intellectual property spectrum. The report illuminates a range of newly granted patents that herald substantial technological progress, innovative industrial designs that blend aesthetics with functionality, and strategic technology contracts that facilitate enhanced collaboration and innovation within the Brazilian market. These developments collectively highlight the vibrant and evolving nature of the intellectual property landscape, reflecting the ongoing commitment to innovation and strategic partnerships in Brazil. RPI 2791 has brought forth an array of advancements in intellectual property that underscore the dynamic nature of innovation across various sectors. Each of these developments provides key insights into the strategic directions and technological priorities of the IP landscape. The recent trademark publications in RPI 2791 underscore the strategic moves by prominent companies to secure and expand their market presence in Brazil. These trademark registrations are pivotal for protecting brand identity, fostering consumer trust, and driving business growth. See the Full Report here: https://lnkd.in/duCgfSTt Video 🚀 Unveiling Innovation: This Week's RPI 2792 Highlights from INPI Publications

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🚀 Continuing our series ‘Navigating Intellectual Property in Brazil: A Guide for U.S. SMEs’. 🇧🇷💼 🌐 In our fifth post, “Navigating International Trademark Filing: Leveraging the WIPO Madrid System for US Brands in Brazil”, we provide a comprehensive guide on how U.S. brands can utilize the WIPO Madrid System to protect their trademarks in Brazil. This resource is invaluable for any U.S. SME aiming to safeguard their intellectual property in Brazil. 🔗 Dive into the full article here: https://lnkd.in/dzx8SSEt 🇧🇷 Portuguese version available here: https://lnkd.in/de3pNV8F Stay tuned for more insightful articles in this series! 🤝 📧 For more information, contact us at hello@moellerip.com #IntellectualProperty #Brazil #Trademarks #WIPO

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From our intellectual property desk, are you protected if you have a "Well Known Trademark"? A comparison between China and Brazil, giant and growing trading partners, highlights some of the issues. #ipinchina #trademarkinchina #intellectualproperty #copycat #ipinfringement #chineselawyer

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Watch Ana Catarina De Alencar deliver a webinar on Generative AI and IP Rights: Strategies to Mitigate Legal Risk In this episode, Ana Catarina De Alencar, a legal expert specializing in AI, contracts, and compliance, explores the intersection of generative AI and intellectual property (IP) rights. She discusses the current legal challenges, key case studies, and strategies to mitigate legal risks associated with generative AI. Key Topics Discussed: Introduction to Generative AI: Definition and examples of generative AI, including ChatGPT and MidJourney. The importance of understanding generative AI in the context of IP rights. Legal Ambiguities and Challenges: The core issue of copyrightability of AI-generated content. Legal uncertainties and the evolving landscape of IP rights in relation to AI. Case Studies and Legal Precedents: US Copyright Office Decision: Differentiating human-written text and AI-generated images. Thaler v. US Copyright Office: Reaffirming that works created entirely by AI cannot be copyrighted. Google Books v. Authors Guild: Establishing a precedent for transformative use and fair use doctrine. International Perspectives on AI and IP: US: Emphasis on human originality for copyright protection. Europe: Similar stance requiring human intellectual input. UK: Unique approach allowing copyright for AI-generated works if arranged by a person. China: Recognizing user-provided intellectual input as sufficient for copyright. Fair Use Doctrine: Application of fair use to generative AI and its transformative purpose. Supporting and opposing views on whether AI’s learning from copyrighted works constitutes fair use. Litigation and Legal Actions: Getty Images Lawsuit: Allegations against Stability AI for using unlicensed photos. New York Times Lawsuit: Seeking compensation and injunction against unauthorized AI use of their content. Regulatory Attempts and Policies: Abandoned UK initiative for AI copyright code of practice. US Copyright Office’s guidelines and inquiry on AI-generated material. European AI Act’s provisions for transparency and IP rights protection in AI. Practical Recommendations for Creators and Businesses: Increasing human interaction and review in AI-generated works to ensure copyright protection. Informing the public about the use of AI in creating commercial products. Monitoring and documenting the creation process to comply with legal requirements. Insights Based on Numbers: 12 million: Photos allegedly used by Stability AI without permission, leading to the Getty Images lawsuit. 2023: Year the British government abandoned its initiative for an AI copyright code of practice due to disagreements. https://lnkd.in/e6X-tS_v

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ADI 5529 is a pivotal decision for the Brazilian Patent System. Through it, the Supreme Federal Court (STF) declared unconstitutional the previously available automatic adjustment of patent terms, as provided for in the sole paragraph of Article 40 of the Industrial Property Law (Law No. 9,279/96).   This decision has brought with it a wide array of side effects that lead us to an inevitable question: is the STF’s decision unreasonably punishing the legitimate interests of patentees? Partner Claudio Barbosa and attorney at law Jorge Tinoco comment on this question through the lens of a recent case in which a “stillborn patent” was granted.   While the STF’s decision aimed to ensure greater predictability and legal certainty for the Brazilian patent system, it is always important to consider whether the benefits outweigh the side effects.   Learn more about it: https://lnkd.in/d2xuEDk9

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The Brazilian Patent and Trademark Office has introduced a new interpretation regarding the "end of examination" in patent prosecution. This significant change aims to streamline processes and reduce the backlog of pending applications. However, it also raises concerns about the potential impact on patent rights and the timing of enforcement actions. Practitioners must stay informed about these developments to adapt their strategies accordingly. For a detailed analysis, check out the full article by Rob R., Brenno Telles and Maria Luiza Cotia of RNA Law on Kluwer Patent Blog #patents #intellectualproperty #Brazil #BRPTO #innovation #legalupdates

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Check out our latest report, which provides an in-depth analysis of patent appeals and nullity decisions in Brazil over the past 11 years. This study offers a comprehensive view of the increase in first-instance decisions, appeals filed, and administrative nullity processes requested, highlighting the significant growth in the administrative activity of the INPI. Key Highlights: By dividing the analyzed period into two groups, from 2012-2017 (Group 1) and from 2018-2023 (Group 2), we have: • An increase in the annual average of first-instance decisions, from 7,036 in Group 1 to 26,309 in Group 2. • Growth in the annual average of appeals filed, from 935 in Group 1 to 1,919 in Group 2. • An increase in the annual average of administrative nullity processes (PAN), from 59 in Group 1 to 132 in Group 2. This report is essential for intellectual property professionals and offers valuable insights to understand the dynamics of the sector. Download the full report and stay updated on the main trends and challenges faced by the INPI. #Patents #INPI #IntellectualProperty #Appeals #Nullities #Daniellaw #Innovation

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Our expert partner Louis Lozouet from Venturini IP sheds light on the complexities of #trademark registration in #Brazil: Currently, Brazil does not support a multiclass trademark registration system. This means if you wish to protect your trademark across different classes of goods or services, you are required to file separate applications for each class. This particular system demands careful attention and thorough management from the applicants. For each filed application, there is a possibility of receiving individual Office Actions or examination requests, which adds layers of complexity to the registration process. Until a multiclass system is implemented, trademark applicants in Brazil must navigate this segmented process to ensure comprehensive protection of their trademarks. #IntellectualProperty #iPNOTE

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🚀 We're excited to announce the launch of our series, 'Navigating Intellectual Property in Brazil: A Guide for US SMEs'. 🇧🇷💼 🌐 Our first post, "Understanding Intellectual Property in Brazil: An Introduction for US Businesses", provides a comprehensive overview of intellectual property rights in Brazil's dynamic market. 🔗Dive into the full article here: https://bit.ly/3y4zCP9 🇧🇷 Portuguese version also available here: https://bit.ly/3wr4Z6e Stay tuned for more insightful articles in this series! 🤝 #IntellectualProperty #Brazil #Patents #Trademarks

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Ricardo Nunes, a partner at Daniel Law, was one of the speakers at the Masterclass panel on Patent Dispute Resolution during the IPBC Global – IAM LIVE, which took place from June 10 to 12 in San Francisco, United States. The event, organized by Law Business Research, addressed the growing number of big-ticket patent disputes centered in jurisdictions outside the US and Europe. It emphasized the importance of being prepared for cases further afield and finding ways to settle disputes efficiently and cost-effectively. Key topics included: - Key hacks to avoid costly litigation at home and overseas - Cross-border litigation strategies under the microscope - The emergence of new litigation hubs in Latin America and Asia

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In recent developments, Human Rights Watch highlights critical issues concerning AI data privacy and human rights in India, calling for immediate and effective action. 1. AI and Children's Privacy: Human Rights Watch (HRW) has found that Brazilian children's photos are being used in AI training datasets without consent. The investigation revealed 170 photos in LAION-5B, raising serious privacy risks and potential misuse for harmful content. HRW calls for stringent measures to protect children's data. 2. Human Rights in India: HRW has sent a letter to Prime Minister Modi, urging immediate action on key human rights issues. The letter emphasizes the need to protect freedom of expression, safeguard minority rights, and end impunity for security forces. For more details, read the full letter: Letter to Prime Minister Modi - https://lnkd.in/gDjEA7kv Stay updated with Global Regulatory Insights for the latest news and regulations. #HumanRights #AI #DataPrivacy #India #FreedomOfExpression #MinorityRights #GRI

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🎲🛡️AI and data protection in the spotlight at Global Privacy Summit The International Association of Privacy Professionals (IAPP) recently held the latest edition of the Global Privacy Summit in Washington. Over the course of two days, the conference served as a platform for renowned experts to engage in discussions on pressing matters concerning privacy, data protection, and artificial intelligence (AI) governance. These insightful debates not only shed light on the current challenges but also provided a glimpse into the future direction of the data protection field. Many topics were discussed. First, the summit had multiple panels debating the patchwork of state privacy laws in the U.S. In the last few years, many states have passed privacy legislation to address some top-of-mind risks, including laws regarding children and teenagers online, as well as health privacy. 🔗Read more in our full article by Marcela Mattiuzzo and Paula Pedigoni Ponce here 👉 https://lnkd.in/dGMhqmTy #AI #DataProtection #Privacy #Tech

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Open letter: Advocating for Brazilian AI regulation that protects human rights Access Now 2024-07-07 https://buff.ly/3RY2Ki8 Access Now and Rights in Network Coalition urges Brazilian authorities to include necessary improvements in Bill 2338/2023. The post Open letter: Advocating for Brazilian AI regulation that protects human rights appeared first on Access Now.

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Introducing the Lex Mundi AI Legislative Guide; an essential tool for staying abreast of specific legislation, final regulations, or formal regulatory guidance addressing the use of AI in jurisdictions across the globe. Explore the guide: https://bit.ly/3K2s9CR

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#WorldIPDay Learn the fundamentals of contracts with a focus on #IntellectualProperty during the upcoming #ACSInstitute virtual course. Register now for our next session on June 21. https://brnw.ch/21wJdNS #IntellectualPropertyDay #IP #Chemistry

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On July 17, 2024, the National Data Protection Authority (ANPD) published a new regulation detailing the role of the Data Protection Officer (DPO). Announced by ANPD President Waldemar Gonçalves at the CPDP LatAm conference in Rio de Janeiro, this rule aims to provide greater legal certainty and address societal demands regarding data protection. Key Highlights of the Regulation: - Transparency: The regulation mandates the disclosure of the DPO's identity and contact information. - Responsibilities: DPOs will act as liaisons between data subjects, processing agents, and the ANPD, ensuring best practices in data processing. - Conflict of Interest: It includes provisions to manage situations of conflict of interest. - Public Participation: The regulation is a result of extensive public participation, with nearly 1,200 contributions from over 200 people. The DPO, a role established by the General Data Protection Law (LGPD), is crucial in promoting a data-driven society and ensuring compliance with personal data protection rights. This regulation will help consolidate a culture of data protection in Brazil, encouraging a shift from oral agreements to written commitments. “Detailing the role of the Data Protection Officer was one of our priorities due to its importance for a data-driven society. It is a key player in ensuring compliance with the fundamental right to the protection of personal data," said Waldemar Gonçalves. Follow Global Regulatory Insights for the latest updates on data protection regulations and more! #DataProtection #DPO #ANPD #LGPD #PrivacyLaw #RegulatoryUpdate #GRI

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IP owners, take notes from these!✅ Here are the latest guidelines from EUIPO - European Union Intellectual Property Office that provide factors to consider for "Criminal Referral" when deciding on action or enforcement in cases of IP infringement. 💪Stay ahead in the fight against IP infringement Follow Countercheck for more expert tips and updates! 🔔 #IntellectualProperty #IPProtection #BrandSafety #Countercheck #IPEnforcement #Innovation #BrandProtection #LegalGuidelines

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