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The paraphrased use of words that appear in the choruses of Tim Maia’s songs on T-shirts without prior authorization constitutes undue appropriation of a work for commercial exploitation. It generates the obligation to pay compensation for copyright infringement.

The 3rd Panel of the Superior Court of Justice reached this conclusion in a unique appeal. The singer’s estate, which filed the action against the fashion label Reserva, died in 1998.

One of the contested prints has the inscription “Guaraná & Suco de Caju & Goiabada & Sobremesa,” taken from the excerpt “Tomo guaraná, suco de caju, goiabada para sobremesa” (I drink guaraná, caju‘s juice, goiabada for dessert) from the song “Do Leme ao Pontal,” released by Tim Maia in 1986.

The ordinary courts concluded that the singer’s rights had been violated and ruled that the lawsuit was admissible. They prohibited the sale of T-shirts with the inscription and ordered the company to pay R$15,000 in moral damages and material damages to be determined.

The 3rd Panel of the Court upheld the ruling but changed how material damages were calculated. The rapporteur for the case, Justice Marco Aurélio Bellizze, explained that the trademark’s conduct led to the improper sale of T-shirts with reproductions of musical works.

“The prints go beyond a mere reference to the author’s works, as they are copies of the lyrics of the songs, with the simple addition of the connector ‘&,’ which constitutes an undue appropriation of a work for commercial exploitation,” said the judge.

Low compensation

Minister Bellizze also concluded that obtaining material damages based on the amount received by the trademark from the profits from the improper marketing of the T-shirts is not enough to punish the conduct and discourage copyright infringement.

The artist’s association with a certain trademark without due authorization may represent an endorsement of a thought that does not coincide with the singer’s perception, linking him to the brand without his approval.

For the rapporteur, the conduct allows the company to have a greater advantage since, by associating itself with Tim Maia’s image, it can increase the value of its trademark and the sales of other products.

Therefore, he determined that the compensation would consist of the total amount obtained from the sales plus all the losses from Tim Maia’s estate.

In other words, Reserva will have to pay the singer’s family all the money it raised from the sale of the products and all the amount that should have been paid in a possible contract authorizing the use of the work on clothing items. The amount will be collected in settlement of the judgment.

Source: Conjur

Protect Your Creative Works with Tavares IP

In light of the recent ruling by Brazil’s Superior Court of Justice, which highlights the severe implications of unauthorized use of copyrighted material, ensuring your intellectual property is adequately protected is crucial. The court’s decision underscores how even a seemingly minor infringement—like the unapproved use of song lyrics on merchandise—can have significant legal and financial consequences.

At Tavares IP, we specialize in safeguarding your creative assets against misappropriations. Our expert team provides comprehensive copyright services, including registration, enforcement, and litigation support to ensure your works are not exploited without your consent.

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To reinforce the protection of Geographical Indications (GIs) in Brazil, the Brazilian Patent and Trademark Office (BPTO) held the pre-launch of the National Directory to Combat GI Counterfeiting and the existing Directory for trademarks on August 28.

Learn more

The Directory is a digital platform that seeks to support producers and service providers throughout the country in the face of counterfeits that cause losses to national entrepreneurs, mislead consumers, and undermine the recognized quality of Brazilian GIs.

The platform functions as a strategic information center for access by Brazilian police and inspection forces, based on a partnership between BPTO and the National Council for Combating Piracy (CNCP) of the Ministry of Justice. The service will be free of charge.

BPTO will receive information provided by the GIs themselves in the Directory, which will be made available for access by authorities with police powers and consumers, when applicable.

Registration of GIs

With the pre-launch, an exclusive contact channel on the BPTO portal is now available for GIs to register, forward relevant information, and receive guidance from the Institute.

Among the strategic information for combating GI counterfeiting are contact details for the GI’s legal representation, images of original vs. fake products, information on labels, bottling, routes, and licensees, among other details that producers consider necessary to act in the repression and inhibition of crimes against Geographical Indications.

Source: INPI

Protect your Geographical Indications with Tavares IP

Tavares IP is ready to help you navigate the new protection measures and take advantage of the opportunities offered by the new National Directory. With our intellectual property expertise and in-depth knowledge of Brazilian regulations, we ensure that your GIs are adequately protected against counterfeiting and rights infringement.

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Talk to our experts.

Anthropic is also facing a lawsuit from music publishers.

A group of writers is suing artificial intelligence startup Anthropic, claiming the company committed “mass theft” by training its chatbot Claude with copies of copyrighted books.

Similar lawsuits have been filed against rival OpenAI’s ChatGPT, but this is the first case brought by writers against Anthropic.

Former OpenAI leaders founded the San Francisco-based company. According to Fast Company, the company has marketed itself as “more responsible and security-focused than AI models that can write emails and summarize documents. ”

However, the lawsuit alleges that the company’s actions “made a mockery of its lofty goals” by accessing pirated book repositories to build its AI.

The trio of writers Andrea Bartz, Charles Graeber, and Kirk Wallace Johnson filed the lawsuit. All three seek to represent a class of fiction and nonfiction authors in similar situations.

Legal Trouble

In addition to the lawsuit filed by the book authors, Anthropic is also facing a lawsuit filed by music publishers who claim that Claude recycles copyrighted song lyrics.

OpenAI and Microsoft, partners in the AI ​​business, also need help. They are facing a copyright infringement lawsuit filed by a group led by John Grisham (author of “The Firm” and “The Pelican Brief,” for example) and George R. R. Martin (of “Game of Thrones”), in addition to other lawsuits from media outlets such as The New York Times, Chicago Tribune, and Mother Jones.

Anthropic launches Claude in Brazil with a focus on corporate use

Since the beginning of the month, end consumers and companies will be able to access the tool online through free applications for Android and iOS (Claude 3.5 Sonnet version) and channels for developers to integrate the feature into their applications.

Claude’s unique feature lies in its corporate use. In recent tests, it has proven to be better than the rich ones in managing tasks involving large volumes of data, mathematical calculations, and programming codes.

Source: Exame

Contact us for expert guidance on intellectual property issues. Our team can help you effectively navigate these complex challenges.

The Brazilian Patent and Trademark Office (BPTO) and the Chinese Intellectual Property Office (CNIPA) met on August 16 at the BPTO headquarters in Rio de Janeiro to discuss cooperation.

Among the topics discussed were the functioning of the trademark system in Brazil and the observance of such rights; the modalities of priority examination of patents, including the Patent Prosecution Highway (PPH) agreement between the two institutes; and the use of Information Technology tools, covering topics such as artificial intelligence and cybersecurity. Other issues addressed at the meeting were using Geographical Indications and implementing activities to disseminate IP.

During the meeting, the two institutes also exchanged information about their activities, projects, and structures. Regarding the demand for services, the CNIPA received more than 3 million patent applications in 2023.

Source: BPTO

For businesses and inventors seeking to navigate the dynamic landscape of intellectual property and ensure adequate protection for their innovations, Tavares Intellectual Property is here to assist. Our team of highly qualified professionals is ready to provide tailored consulting, strategic guidance, and comprehensive support on all intellectual property matters.

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States in the Southeast and South lead the index.

São Paulo, Santa Catarina, Paraná, Rio de Janeiro, and Rio Grande do Sul are Brazil’s most innovative economies, according to the first edition of the Brazil Innovation and Development Index (IBID), released this Monday (5) by the Brazilian Patent and Trademark Office (BPTO), an agency linked to the Ministry of Development, Industry, Commerce and Services.

The IBID is measured on a scale ranging from 0 to 1. The index considers different aspects of identifying national and regional leaders in innovation. The index comprises 74 indicators divided into seven pillars: institutions, human capital, infrastructure, economy, business, knowledge and technology, and creative economy. These pillars, in turn, are divided into 21 dimensions: credit, investments, education, regulatory environment, sustainability, knowledge creation, and intangible assets, among others.

São Paulo is the national leader with IBID 0.891. In second place is the state of Santa Catarina, with an index of 0.415. Paraná is next with 0.406, Rio de Janeiro with 0.402, and Rio Grande do Sul with 0.401. The national average is 0.291.

First Brazilian index

The IBID was developed using the methodology of the Global Innovation Index (GII) of the World Intellectual Property Organization (WIPO). According to the BPTO, the Brazilian index is the sixth national index created using this methodology. Only the European Union, China, India, Colombia, and Vietnam have their own indexes.

The IGI has been published since 2007 and ranks 132 countries based on their potential and challenges. In the most recent edition, in 2023, Brazil occupied the 49th position in the world ranking and the first in the regional ranking (Latin America and the Caribbean), rising five places compared to the previous year.

Brazil is a country of continental dimensions, with profound diversity throughout its vast territory. This diversity is visible and portrayed by economic, social, environmental, cultural, and demographic indicators. “The objective of the IBID in this context is precisely to fill an important gap in the national statistical system,” explains BPTO’s chief economist, Rodrigo Ventura.

“There was a gap in innovation until today. An important gap in the national statistical system is an indicator that would allow Brazil to have a picture of its reality in innovation from a regional and territorial perspective,” he reinforces.

Inequalities

The rankings produced from the IBID results highlight inequalities and also national diversities. While the Southeast and South regions concentrate innovation in the country, with states occupying seven of the top eight positions in the overall ranking, the North and Northeast regions focus on the lower part. States of both areas occupy the last 15 positions. The Center-West occupies an intermediate position in the overall IBID ranking.

The data show, however, that considering the income level of the population—measured by the Gross Domestic Product (GDP) per capita, that is, the sum of production and wealth produced in the state divided by the number of inhabitants—economies in the Northeast perform in innovation above expectations.

In all, 14 of the 27 federative units recorded results in innovation above expectations for their level of economic development. These are the so-called innovation exponents of the IBID. Eight are northeastern states: Maranhão, Paraíba, Piauí, Ceará, Sergipe, Rio Grande do Norte, Pernambuco and Bahia.

On the other hand, the study shows that 13 economies obtained results below expectations in innovation. This group includes Alagoas, Espírito Santo, in addition to the seven states of the North Region – Amapá, Acre, Roraima, Pará, Amazonas, Rondônia, and Tocantins – the Federal District and the other states of the Center-West: Mato Grosso, Mato Grosso do Sul and Goiás.

Innovation

According to BPTO, innovation is “a key element for the economic progress and competitiveness of economies, regardless of their income level.”

The institute emphasizes that the definition of innovation has been expanded and is no longer restricted to research and development laboratories or published scientific articles. In this sense, it is considered essential that innovation occurs “in a socially inclusive, environmentally sustainable and territorially integrated manner,” the text states.

According to Ventura, the results may highlight practices that can be replicated nationwide. “Each state presents different challenges and potentialities, and this is the wealth of data and information provided by IBID. The different dynamics and profiles of local science, technology, and innovation ecosystems,” he says, adding: “It reinforces and provides information and data on the challenges and potentialities of each state and each region. Not only the challenges and bottlenecks but also which states stand out in certain areas and probably have solutions or have followed paths their peers can copy.”

Source: Agência Brasil

Contact Tavares IP to explore how Brazil’s new innovation metrics can benefit your business. Our experts are here to help you protect your intellectual property and navigate the evolving innovation landscape. Click here to reach out for tailored support and insights.

The National Library receives an average of 80 thousand publications per year.

For 20 years, every work published in Brazil had to have at least one copy sent to the National Library Foundation (FBN), the oldest cultural institution in the country. Enacted in 2004, during the administration of singer and composer Gilberto Gil as Minister of Culture, Law 10.994 “regulates the legal application of publications in the National Library, aiming to ensure the registration and safekeeping of national intellectual production, in addition to enabling the control, preparation, and dissemination of the current Brazilian bibliography, as well as the defense and preservation of the national language and culture.”

“A country without memory is not a country,” highlights Gabriela Ayres, the FBN Processing and Preservation Center general coordinator responsible for collecting the works sent through the Legal Application. The National Library does not only safeguard the history of Brazil but also the history of Brazil’s construction.”

With the Legal Application, the space receives, on average, 80 thousand publications annually. Some areas of knowledge receive more work than others, and there is also a difference in the number of books sent by region, especially the North and Northeast. “There is a shortage due to logistics and shipping costs, but we always try to cover the major areas and interact with publishers and authors, promoting heritage education on the importance of sending these publications to the National Library,” explains Ayres.

According to the Management Reports available on the institution’s website, in 2023, the foundation received 59,054 works through the Legal Application. Due to the COVID-19 pandemic, the lowest collections in the last ten years were in 2020 (35,772) and 2021 (17,671).

Regarding the types of books, Carlos Henrique Juvêncio, a professor at the Department of Information Science at the Fluminense Federal University (UFF) and author of the book A Biblioteca e a Nação: Entre catálogos, exposições, documentos e memória (The Library and the Nation: Between catalogs, exhibitions, documents, and memory) (2024), explains that they are all those published in the country, including translations of foreign productions and official documents, if collected in books.

“Even if the author is foreign, there was a translator who, at the very least, speaks our language,” he points out. In these cases, there may not be an intellectual production in the sense of being a Brazilian work. Still, the editorial production is, as is the translator’s care and the language. The Legal Application shows the transformations in our language based on written production, so translations are also subject to the legislation,” he adds.

However, the researcher emphasizes that Law 10.994 is still silent regarding publications made in the virtual environment. “There is a loophole that says ‘all printed or other media works,’ but there is still no clear regulation on how digital works should be sent and how they will be made available to the public.”

According to the general coordinator, digital publications, such as e-books, are generally sent to the FBN stored on CD. Still, this issue continues to be one of the main challenges faced by the Processing and Preservation Center.

“Scientific journal publications, for example, have completely moved from the printed model, from a magazine, to a website model”, she notes. In this sense, in 2020, the Digital Preservation Policy of the National Library (PPDBN) was published, with principles for the conservation, management, and dissemination of the digital collection that is part of the BNDigital, created in 2006.

In addition to safeguarding the country’s cultural, literary, and musical heritage, the Legal Application is also related to another Brazilian law, Law 9.610, which regulates copyright in the national territory. The Copyright Law establishes that when a work enters the Public Domain, that is, it can be used without authorization from the family or heirs, and 70 years after the author’s death, the State becomes responsible for safeguarding its integrity.

“Analyzing this part of the law, which says that the State becomes responsible for the integrity of the work, this already refers to the Legal Application,” says Juvêncio.

In the professor’s opinion, with two decades of Legal Application, one issue that needs to be discussed is compliance with the legislation. “We have severe publishers who effectively comply with the norm, but most do not,” he warns. For example, he mentions sending newspapers, which he worked until 2010 at the National Library. According to him, the FBN received around 124 titles from all over Brazil, a scarce production for the territorial extension of the country.

Imperial law

Juvêncio explains that the Legal Application Law originates from another legislation from the early 19th century. In 1824, an order from the then Emperor Pedro I required that all printers of the Court in the city of Rio de Janeiro submit a copy of all works produced to the Imperial and Public Library of the Court, now the National Library. The legislation would only be revised 83 years later, when Decree 1,825 of December 20, 1907, determined that “the administrators of typography, lithograph, photography or engraving workshops, located in the Federal District and the States, are obliged to send to the National Library of Rio de Janeiro a copy of each work they execute.”

Almost 100 years later, the 1907 decree was replaced by the Legal Application Law and Law 12,192/2010, which “regulates the legal application of musical works in the National Library, to ensure the registration, storage, and dissemination of Brazilian musical production, as well as the preservation of the national phonographic memory.”

“The idea is that the National Library will have all the works published and disseminated in the country since the establishment of the Legal Application in the 19th century so that it can be a source of memory and complete what is called the National Memory Collection, formed by a group of institutions, such as the National Archives and the National Museum”, explains the professor.

Source: Agência Brasil

Brazilian innovation in renewable energy gained particular attention. Researchers at the Federal University of Paraná (UFPR) developed a solar panel that is the thickness of a sheet of paper. According to the program presented by Laura Marise from the channel “Não Vi 1 Cientista” in the section “Brazilians need to be studied,” this ultra-thin technology promises to revolutionize how we use solar energy.

With its extremely thin thickness, the solar panel created by UFPR researchers can be applied to various surfaces, from building walls to accessories and mobile devices. Imagine a future where entire buildings are covered with these panels, generating energy from sunlight. Or even devices that can be automatically recharged just by exposure to the sun. The versatility of this solar panel opens up a range of innovative possibilities in using renewable energy.

Solar Panel Energy Efficiency

One of the most impressive features of this new technology is its efficiency. The ultralight solar panels developed by Brazilian researchers can generate up to three times more energy than conventional solar panels. This superior efficiency is a significant advancement in the field of renewable energy, making the technology more effective and attractive for a broader range of applications.

Another crucial advantage of this solar panel innovation is the ease of large-scale production. UFPR researchers highlight that paper solar panels can be manufactured faster and cheaper than traditional models. This mass production capacity is essential for the widespread and large-scale adoption of the technology, potentially making solar energy more accessible and affordable.

Future impact

These ultralight solar cells are expected to become even more economical and durable as technology advances. The accessibility and efficiency of new solar panels promise to benefit several industrial sectors and facilitate access to quality electrical energy for many people. With this innovation, Brazil can lead the development of renewable energy technologies, contributing significantly to global sustainability.

Source: CPG

Microsoft AI CEO Mustafa Suleyman made somewhat controversial statements when he said in an interview with CNBC that everything published on the internet is “freeware” — that is, anyone can copy and use it as they wish. The statement came after the interviewer’s question, who wanted to know whether AI companies take intellectual properties from the web to train artificial intelligence models.

AI can be trained with everything on the internet

When calling online content “freeware,” Suleyman says there is no problem using network publications in generative AI training, such as OpenAI’s ChatGPT and Microsoft’s Copilot.

“I think that, with regard to content that is already on the open web, the social contract for this content since the 90s has been fair use”, points out the CEO of MS. “Anyone can copy it, recreate with it, reproduce with it. This has been ‘freeware’ if you prefer, that has been the understanding”, he concludes.

The problem with this “understanding” is that there are countless cases of intellectual property online, from videos on YouTube to texts on sites. Furthermore, photos and other media also fall under different rules, just like content on social networks. Therefore, it is likely that Suleyman is wrong when he claims that everything is “freeware” on the internet.

Microsoft and OpenAI are being sued

It is worth remembering that in December 2023, the American newspaper The New York Times filed a lawsuit against Microsoft and OpenAI, accusing the companies of copyright infringement in training artificial intelligence models.

The famous news portal claims it lost “billions of dollars” because chatbots used its content and information without permission.

Source: CanalTech

Leia em português aqui.

An initiative by the National Council to Combat Piracy allows inspection agents to immediately contact the legal representative when they come across a counterfeit product and verify its origin.

The National Consumer Secretariat, through the National Council to Combat Piracy (CNCP) and, in partnership with the Brazilian Patent and Trademark Office (BPTO), launched another feature of the National Directory Against Trademark Counterfeiting. The platform now has a public page for authorities with police and inspection powers to quickly access the contacts of representatives of original trademarks to combat counterfeiting.

The accessible consultation for consumers, companies, and supervisory bodies aims to promote transparency and cooperation in combating piracy and trademark counterfeiting. The announcement was made during the 3rd Ordinary Meeting of the CNCP. It reinforced the federal government’s commitment to defending intellectual property and combating crimes such as piracy, smuggling, and associated tax evasion.

“Now, inspection agents will be able to act with greater agility and precision when identifying counterfeit products, thus protecting consumers and encouraging a fairer and more legal market environment in Brazil,” highlighted the National Consumer Secretary, Wadih Damous.

Discover more

The National Directory Against Trademark Counterfeiting aims to centralize and make information available about counterfeit products, facilitating identifying and combating of this type of crime. The launched functionality will allow all security and inspection forces to access data on trademarks registered in the Directory, which today total more than 35 thousand. With the module, when faced with a counterfeit or smuggled product, the police or inspection agent can immediately contact the legal representative in order to acquire more evidence about the counterfeit.

The CNCP executive secretary, Andrey Corrêa, highlighted the importance of this tool in strengthening actions to combat counterfeiting in the country. “Publicizing this part of the Directory is a fundamental step to ensure the best level of information for frontline inspection agents who fight against the circulation of counterfeit products, which harm both the economy and the health and safety of consumers,” he stated.

In addition to providing a public list of contacts, the Directory will also continuously update all data and information on the platform, which can be accessed by consumers, police, and federal inspection authorities.

How it works

The Directory was developed on a free platform with no financial costs. There are two levels of access: restricted and for receiving information.

Restricted registration will be authorized by Senacon’s CNCP, requested from BPTO, and permitted only to public servants assigned to the following bodies and entities: Ministry of Justice and Public Security; Federal Police Department; Federal Highway Police Department; Secretariat of the Federal Revenue Brazil; Federal Public Ministry; Public Ministries of the States and the Federal District; Public Security Secretariats of the States and the Federal District; Civil Police Departments of the States and the Federal District; Institute of Criminalistics or Expertise of the States and the Federal District; and National Institute of Industrial Property.

Registration for reception is open to all interested parties. Information must be requested by email directioagentepublico@inpi.gov.br. Registration must also be requested from the BPTO, where advice from brand specialists will be available. They will answer questions and send the information contained in the restricted area.

Source: Brazilian Ministry of Justice and Public Security

Leia em português aqui.

The BPTO published in the Industrial Property Magazine of June 18, 2024, the grant of registration for a Geographical Indication (GI) in the Denomination of Origin (DO) species for Scotch, referring to whiskey produced in Scotland.

This is the first foreign GI registered since 2019, and it is the 124th in total, with 88 Indications of Origin (IPs—all national) and 36 DOs (26 national and 10 foreign).

Discover about this IG

The delimited region encompasses the entire Scottish territory, with emphasis on the towns of Campbeltown and Islay and the regions of Highland, Lowland, and Speyside.

Among the fundamental aspects that prove the direct relationship between the quality of the product and the geographic environment, the cold climate stands out. With harsh winters and mild summers, it provides the perfect conditions for aging the distillate in oak barrels.

Water is another fundamental element in the production of whiskey. Scotland is abundant in natural water sources, including rivers, streams, and springs. Distilleries obtain their water from these sources, which imparts specific mineral qualities to the final product and contributes to its flavor.

Another important natural factor is the abundant supply of peat (partially decomposed organic material found in the extensive bogs of Scotland), which is used in the process of malting barley to produce whiskey. When peat is burned to dry malted barley, smoke is produced, giving the grain and, consequently, the drink a distinct smoky flavor.

The traditional know-how of drink mixers (called blenders) is crucial to the flavor profiles and sensory attributes of the drink. Together with the other factors, it gives Scotch whiskey unique characteristics.

Source: BPTO