Arquivos do Mês: January 2025

OpenAI, the developer of ChatGPT, has accused the Chinese startup DeepSeek of improperly using its artificial intelligence models to develop an open-source competitor chatbot. The allegation raises debates over copyright infringement and competition in the artificial intelligence sector, reflecting the growing technological rivalry between the United States and China.

Context and Key Allegations

OpenAI claims to have identified evidence of “distillation” by DeepSeek. This method, widely used in the industry, enables the creation of smaller, more efficient models by leveraging the results of more advanced models. However, according to OpenAI, when applied to its technology, this practice would violate its terms of service, prohibiting the reproduction or use of its products to develop direct competitors.

A Financial Times report highlights that this accusation emerges at a time when OpenAI itself is facing lawsuits over the alleged use of copyrighted materials, including content from The New York Times, to train its models.

Implications for the AI Industry

The controversy arises amid increasing global competition in the AI sector. The recent launch of DeepSeek’s R1 reasoning model has drawn attention to delivering performance comparable to leading U.S. models despite being developed with significantly fewer financial resources. This development has sparked discussions about maintaining technological leadership among major U.S. companies and the broader impacts on global competitiveness.

Moreover, the dispute underscores the role of intellectual property regulations in AI governance. The United States’ dominance in semiconductor production and restrictions on China’s access to these technologies are frequently cited as key factors in maintaining the U.S. advantage in AI. The rise of companies like DeepSeek could shift this balance and introduce new challenges for the industry.

Next Developments

OpenAI has blocked DeepSeek from accessing its API but has yet to provide concrete details on the evidence gathered. As of now, DeepSeek has not responded to the allegations. The outcome of this case could set important precedents for intellectual property protection and the regulation of the AI sector.

Given the growing importance of intellectual property in technological innovation, companies in the sector can benefit from robust strategies to safeguard their assets.

For more information on the best approach for your company, consult intellectual property experts.

Startups and innovative companies in Brazil registered under the Inova Simples special regime now enjoy priority processing for trademark and patent applications at the Brazilian Patent and Trademark Office (BPTO). This initiative bolsters the innovation ecosystem by expediting intellectual property rights recognition.

The Inova Simples regime was designed to simplify the formalization of startups and other innovative businesses. Eligible startups must be registered on the Redesim platform and provide a certificate verifying their status under Inova Simples when submitting applications through the e-INPI platform.

Advantages for Startups

Prioritizing intellectual property applications offers significant competitive advantages. Decisions on trademarks can be obtained in less than six months. Regarding patents, applications must already be filed and published, and the technical examination must be requested to qualify for expedited processing.

This expedited process is vital for startups participating in acceleration programs. These programs encourage strategic use of intellectual property to foster growth and safeguard small businesses’ innovations.

Understanding the Inova Simples Regime

Inova Simples supports disruptive or incremental entrepreneurial initiatives by allowing simplified formalization without requiring registration with the Commercial Registry. These entities, termed Simple Innovation Companies, may engage in the experimental commercialization of products or services up to the annual revenue limit set for micro-entrepreneurs (currently BRL 81,000).

This measure is another step towards creating a favorable environment for developing innovative solutions and attracting investments to Brazil.

If you are a startup looking to protect your trademark or patent, please contact us to learn how we can help.

The beginning of January marks the new year and Public Domain Day. On this date, works whose copyrights have expired become available for unrestricted use by the laws of each country.

In 2025, many works originally published in 1929 will enter the public domain. This transition allows them to be reused in new projects without authorization or licensing fees. Below are some of the key works that are now available.

Comics: Popeye and Tintin

Popeye the Sailor

Popeye first appeared on January 17, 1929, in the Thimble Theatre comic strip created by Elzie Crisler Segar. The character is widely recognized for gaining strength from spinach and his association with Olive Oyl, who has been in the public domain since 2015.

With Popeye entering the public domain, the character can now be used in new content and products without copyright restrictions.

The Adventures of Tintin

Belgian artist Georges Prosper Remi, known as Hergé, created Tintin and debuted in the Le Petit Vingtième newspaper. The series follows Tintin, a reporter, and his dog Snowy, with storylines often reflecting historical and political themes.

Tintin’s entry into the public domain enables new interpretations and productions based on the character and his adventures.

Literature, Music, and Film

Literary Works

Among the notable literary works from 1929 entering the public domain are:

• A Farewell to Arms by Ernest Hemingway;
• A Room of One’s Own by Virginia Woolf;
• The Sound and the Fury by William Faulkner.

In Brazil, Oswald de Andrade’s works also enter the public domain, expanding access to key contributions of the Brazilian modernist movement.

Film

In the field of cinema, the following films will enter the public domain:

• The Cocoanuts by the Marx Brothers;
• Blackmail by Alfred Hitchcock;
• The Wild Party starring Clara Bow.

Music

Notable musical compositions include:

• Singin’ in the Rain;
• Boléro by Maurice Ravel;
• California, Here I Come.

These works can now be used in musical productions and other creative projects without licensing fees.

Considerations

The entry of works into the public domain in 2025 presents new opportunities for businesses, artists, and creators. The freedom to reuse these materials allows innovative and diverse content to be developed.

Please contact our office if you need guidance on using public domain works or have questions about intellectual property.