News

Patent Applications: New Strategy for Faster Processes in Brazil

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The Brazilian Patent Office (BPTO) has made a significant announcement that promises to transform the patent process in the country. Starting January 1, 2024, BPTO will implement a new methodology for the distribution and technical analysis of patent applications, prioritizing the date of the examination request instead of the initial filing date. This change primarily aims to expedite the patent decision-making process, encouraging applicants to advance their requests for technical analysis.

According to Article 33 of the Brazilian Industrial Property Law, patent applicants must submit an examination request within 36 months from the filing date. However, it has been observed that this rule impedes accelerating decision-making processes in Brazilian territory and conforming to international patent standards. This is mainly due to the trend among applicants to submit their examination requests only close to the end of this deadline.

It is worth noting that BPTO allows voluntary amendments to patent applications only before the formal examination request. This policy has led to a common practice among applicants of waiting until the end of the 36 months to make the examination request, allowing for final adjustments to the patent documents.

With BPTO’s new decision, which establishes the date of the examination request as the criterion for the order of analysis, a substantial change in the dynamics of processing patent applications is expected. This may lead applicants to rethink their strategies, especially regarding the submission of amendments, encouraging them to advance their examination requests.

Our team is closely monitoring the consequences of this change and is ready to discuss optimized strategies and provide additional clarifications as necessary. For more information or to discuss the impact of this change on your specific case, we are available at patents@tavaresoffice.com.br.

Lei europeia que regula a inteligência artificial pode acelerar discussão no Brasil
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European law regulating artificial intelligence could accelerate the discussion in Brazil

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After extensive negotiations, the European Union reached a historic agreement to regulate artificial intelligence (AI), a milestone on the global technological scene. European Commissioner Thierry Breton, responsible for a series of laws on the continent, including those governing social media and search engines, announced the agreement, highlighting its historic character. This pact puts the European Union ahead of the United States and Brazil in the race to regulate AI and protect the public from risks associated with the technology.

Establishing rules to control the use of programs of this type is complex. AI has been incorporated into science, the financial system, security, health, education, advertising, and entertainment, most of the time without the user realizing it. Regulation in any country that proposes it must balance reducing the risks of misuse, avoiding discrimination against minority groups, and guaranteeing privacy and transparency for users.

Through Secretary of State for AI Carme Artigas, Spain played a tie-breaking role in the negotiations, with support from France and Germany, despite concerns from technology companies in those countries about lighter regulations to foster innovation.

An essential aspect of the agreement is the ban on real-time surveillance and biometric technologies, including emotional recognition, with specific exceptions. These technologies can only be used by the police in exceptional situations, such as terrorist threats, searching for victims, or investigating severe crimes.

The agreement is based on a risk classification system, where the strictest regulation applies to machines that pose the most significant risk to health, safety, and human rights. This new definition directly impacts models such as GPT-4 from OpenAI, which would be included in the highest-risk category.

The agreement also imposes significant obligations on AI services, including ground rules on disclosing data used to train machines. The European Parliament and the Commission have sought to ensure that the development of AI in Europe occurs human-centered, respecting fundamental rights and human values.

Brazil’s regulatory framework

Brazil was one of the pioneers in proposing the regulation of artificial intelligence. The Chamber of Deputies began discussing law in February 2020, even before ChatGPT shed light on the power of technology and the European Union started its internal debate. However, the country has failed to pass the legislation so far.

The discussions evolved with the intervention of a commission of jurists, which reformulated the original 2020 project. The Senate is deliberating on a new proposal, reported by Senator Eduardo Gomes (PL-TO).

However, the dynamism of innovation in artificial intelligence poses clear challenges to Brazilian legislators. Technological acceleration highlights the need for constant updates to legislation, and there is even room for an imaginative process of what could happen in a few years. Lawmakers need to consider that AI has opened a field of exponential evolution different from what was experienced with Moore’s Law. This concept establishes that the processing power of computers doubles every 18 months.

The proposal seeks a normative approach, establishing guidelines for various AI applications, from credit scoring to facial recognition in public security, the latter with a ban.

From a global perspective, Taiwan, starting its discussions in 2019, has not yet consolidated a regulatory framework. The island, home to TSMC, a world leader in the production of chips and semiconductors and a supplier to Nvidia, opted for laws to encourage technological development, exempting AI companies from specific regulations and taxes.

China is the only country with a regulatory framework on AI, implemented by its internet regulatory body and not via legislation. Based on studies by the Cyberspace Administration of China, its rules focus on AI platforms’ morality, ethics, transparency, and responsibility.

Countries like Chile, Colombia, Costa Rica, Israel, Mexico, Panama, the Philippines, and Thailand are also developing regulations.

The discussion about federal AI legislation in the United States is not yet a reality, with responsibility being delegated to the states. President Joe Biden brought together AI industry leaders in July to discuss technological security and reliability.

Globally, 21 countries have already implemented specific laws for AI, emphasizing Chile in combating AI fraud, Sweden in autonomous cars, and Spain against discriminatory bias. Additionally, 13 countries have jurisprudence related to AI, covering everything from copyright to privacy. Despite being a pioneer in the discussion, Brazil is still not among these nations.

Source: Exame

News

Security, practicality and new layers of interaction: the potential of blockchain

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One of the aspects that begets more hatred in discussions about blockchain is its high adaptability to different purposes and situations, which can be implemented in any economic sector. Furthermore, the possibility of interoperability is a relevant factor.

This concept refers to the ability of different systems, devices, or components to integrate, interact, and work together efficiently and effectively.

This way, you now have at your disposal a malleable technology, which operates as a digital “ledger” capable of storing any transactions and records in an immutable way and visible to everyone.

The events sector and its great enemy

One of the most cited examples of tokenization and its use cases is the events and ticketing sector. This segment, representing 3.8% of Brazilian GDP, has experienced notable growth, US$59.3 billion.

However, proportional to its growth, cases of scams and fraud are emerging, along with increased purchasing bots intended for resale. Measures against currency exchange, despite existing, prove to be inefficient and result in double losses, both for customers and for producers, organizers, and artists.

A problem that is not only solved with blockchain but also brings with it new ranges of possibilities.

Security, practicality, and new layers of interaction

When transforming a ticket into an NFT or digital collectible, the magic of interoperability happens, simultaneously allowing countless benefits and actions. Starting with the unique registration of the visa issued, which cannot be duplicated, guaranteeing its security and legitimacy.

Decentralization grants the buyer absolute ownership of this item, which becomes an asset capable of resale in a safe secondary market. Mediated by the organizer, this market can also allow the collection of royalties, opening up the possibility of a new source of income for artists.

Due to its transparent registration, verifying and monitoring this user becomes possible, allowing more effective monitoring and access to more comprehensive data on the entire consumer journey and their preferences, which can serve as valuable material in optimizing experiences.

This ticket becomes not just a token but also a true collectible, enabling the development of unique and commemorative art. This rescues the memorabilia element, previously present in physical tickets, but, unlike these, it does not deteriorate or get lost.

This element also allows extensive customization, offering exclusive content, benefits, and promotions to specific holders, expanding the layers of interaction, and constructing an entire community around the platform, artists, and these mechanics.

All of this happens in a context that is culturally accessed by an audience that is naturally engaged and interested in collecting and being impacted by experiences related to the events of which they are fans.

With examples from all over the world, the largest is from Brazil

Getting off the ground, countless events worldwide have already experimented with and benefited from ticket tokenization. Renowned festivals, such as the Coachella Festival Formula 1 in Monaco, and specific artists, such as Milton Nascimento’s farewell tour and Avenged Sevenfold’s exclusive access club, are some examples of events that used blockchain to develop unique experiences.

Large platforms, including Ticketmaster, have taken the first steps in adoption, carrying out test ticket issuances using NFTs.

In Brazil, the first central platform to enter this market is Sympla, which is starting its plans by tokenizing its tickets. Initially, the focus is on improving security and the possibility of resale, emphasizing user experience.

With 15 million users and 44 million tickets sold registered last year, this adoption and its possibilities will represent the most significant use case of ticket tokenization in the world, solidifying Brazil as one of the exponents of this technology.

Jaguar Meat
News

Jaguar Meat has been applicated by the BPTO for recognition of Geographical Indication

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“Carne de Onça” (Jaguar Meat), one of the symbols of Curitiba (one of the Brazilian cities), is expanding its borders.

The recipe is simple, but the flavor is unmatched. Cornbread with lean ground beef, white onion, and finely chopped green onion, seasoned with extra virgin olive oil, salt, and black pepper. From bar patrons to the most refined restaurants, people from all over the world want to taste the famous Carne de Onça when they come to Curitiba.

But now, in addition to being famous in the capital of Paraná, the delicacy already has international relevance, as it recently entered the ranking of the ten best raw meat dishes in the world.

Because it is famous and is part of the culture and history of Curitiba, Carne de Onça – which is already considered the Intangible Cultural Heritage of Curitiba – had a application for recognition of Geographical Indication (GI) filed with the Brazilian Patent Office (BPTO), in the Indication of Origin modality.

The search for recognition became notorious due to the location’s importance in producing this specific product, valuing its traditions, history, and culture.

More than 200 restaurants in Curitiba offer “Carne de Onça” on the menu.

History of Jaguar Meat

According to history, in the 1940s, Ronaldo Abrão – “Ligeirinho”, owner of Ligeirinho’s Bar in the center of Curitiba – was part of the Britânia football team (ten-time champion at the time), whose director, Cristiano Schmidt, was also the owner of a bar in Marechal Deodoro, called “Buraco do Tatu.” During Britânia’s heyday as a winning team, to celebrate their achievements, Schmidt prepared a peculiar mixture as a prize (football was practically amateur): raw meat on slices of cornbread, served to the players.

On a particular day, the goalkeeper of the Britânia team, known as “Duaia”, expressed his discontent: “Wow, Schmidt, you only serve this meat, which even jaguars don’t eat!” This is how the name “Carne de Onça” came about.

But some say that the name is due to bad breath (in Portuguese we have the expression “bafo de onça”, literally translated it would be jaguar’s breath) the onion left on people.

Another trend directed the creation of the snack to Leonardo Werzbitzki, “Onha”, who served the specialty in his restaurant in the 1950s. But his was more elaborate, containing egg yolks and other ingredients.

Source: CBN

YouTube
News

YouTube will remove content generated by AI imitating musical artists

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It was recently reported that YouTube will warn you when a video contains AI-generated content. Still, the platform wants to go further and announced that it will ban deepfakes that improperly impersonate real people and musicians.

The new turn against content produced by artificial intelligence is due to unprecedented sets of guidelines related to copyright and extra rules applied to other categories.

Labels on videos

One of the new requirements made by YouTube requires content creators to signal the use of AI or similar tools in their materials so that viewers are not misled into believing that the content is authentic.

According to the platform, anyone who does not comply with the new guideline will be subject to having their video removed, demonetized, or even banned from the Partnership Program, in addition to other forms of punishment.

To make it clear to the viewer, the video will present a label signaling that the content is produced by artificial intelligence. Depending on the degree of sensitivity of the content, this same label will be even more prominent in the interface — reinforcing the use of AI tools. Despite the warnings, there is no guarantee that the video will be free from removal if it violates the platform’s rules.

Siege against deepfakes

YouTube also reinforced the fight against deepfakes that improperly simulate a person’s face, voice, and other identifiable characteristics. Punishment may be applied through deletion requests made by users.

However, the social network guarantees that not all material will be subject to removal, as, in some instances, it may be that certain content is a parody, for example, and does not present any violation of the video service’s rules.

In the music segment, YouTube announced that it wants to implement a feature that allows music partners to request the removal of videos generated by artificial intelligence that imitate an artist’s voice or song without authorization.

This new reporting category will be exclusive to record labels and distributors of artists enrolled in YouTube’s AI music testing program. Still, it will be enabled for other companies in the segment in the future.

Source: CanalTech

Starbucks: franchise in Brazil lost brand license on October 13
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Starbucks: franchise in Brazil lost brand license on October 13

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On October 13, 2023, the headquarters of Starbucks Corp. in Seattle, in the United States, sent a document to the trademark’s operator in Brazil that was decisive for the Brazilian company’s request for judicial recovery submitted to the Court on Tuesday (31).

The most famous coffee shop in the world delivered, on that date, the “Notice of Termination of Licensing Agreements.”

Without receiving royalties for using the trademark in Brazil, the multinational announced the termination of the contract that allowed SouthRock Capital to explore the Starbucks brand in Brazil. The end of the agreement took effect immediately.

Two contracts were suspended. One licensing the trademark in Brazil, and another granted SouthRock Capital the right to be the master Starbucks licensee in the country – that is, the operator of the stores. The information is contained in the documentation submitted by SouthRock in the request for judicial recovery.

This decision by headquarters accelerated the urgency of the request for judicial recovery.

SouthRock’s lawyers argue that these contracts “are essential to maintaining the applicants’ activities and, consequently, enabling the restructuring of their liabilities.”

“The exploration and operation of Starbucks stores/cafeterias on the national scene – not only is it essential to the activities of the applicants as already mentioned, but it also consists of one of their greatest assets,” they mention in the document delivered to the São Paulo Court.

The company also argues that SouthRock had adopted, before the end of the contract, “operational and financial measures aimed at restructuring its operations to equalize its economic situation.” And that the Brazilian company was negotiating with the multinational to try to renegotiate the contracts, including some additions already signed.

The objective was that “payment conditions reflect your current financial capacity.”

Currently, the gross revenue of the Starbucks trademark in Brazil exceeds U$10 million per month.

To CNN, SouthRock said it “continues to operate the Starbucks trademark in Brazil” and is “committed to working closely with its commercial partners to develop the trademarks in its portfolio in Brazil.” In a note to CNN, the company says that “alignments on licenses are part of the judicial recovery process and are carried out directly with these partners.”

In the request for judicial recovery, however, the company says that “the notification of termination (of licensing) was received by the applicants with absolute surprise since the relationship and negotiations maintained between the parties until then had never indicated that there would be the possibility of immediate termination of the Starbucks License Agreements.”

Source: CNN

Spotify
News

Spotify may change the way royalties are paid in 2024

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Spotify may change the way it pays artists from 2024 onwards. It appears that the company plans to change its royalty model for next year, disqualifying certain audio tracks — such as low-range streaming and non-musical noise — and increasing penalties against studios that commit fraud.

The platform did not confirm these possible changes, but sources consulted by Billboard point to imminent changes in the remuneration of singers and other accounts. Spotify may discuss this idea with major US record labels, including Universal Music Group, Sony Music Entertainment, and Warner Music Group.

For 2024, three significant changes are expected in the way creators are paid:

  • Limit of minimum annual flows that a track must meet before starting to generate royalties.
  • Fines for distributors and record labels when fraudulent activities are identified.
  • Minimum playback time for white noise tracks, sounds of rain, birds, and other similar audio to start earning royalties.

To achieve these objectives, Spotify must sign new agreements with record labels and distributors so that the change in the way music royalties are paid is approved by everyone. In response to Billboard, a company spokesperson commented on these speculations, noting that:

“We are always evaluating how we can better serve artists and regularly discuss ways to promote the integrity of the platform with partners. We have no news to share at this time.” The statement does not provide details about the company’s plans but points to an open discussion with affiliates.

Source: Tudocelular

News

Nokia seeks compensation for Amazon’s use of their patented multimedia inventions

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The Finnish Nokia is suing Amazon and HP over the unauthorized use of a mix of video streaming-related essential patents. Nokia filed a lawsuit in a Delaware federal court and similar lawsuits across Germany, India, the UK, and the European Unified Patent Court.

The lawsuits, filed in the U.S. District Court for the District of Delaware, allege that Amazon’s Prime Video and Twitch streaming services, as well as its Fire TV devices, infringe Nokia’s patents related to video streaming technology. Nokia is seeking injunctions to stop the alleged infringement, as well as damages.

Nokia claims that Amazon has refused to license its patents despite being offered fair terms. The company says that it has invested heavily in video streaming technology and that the alleged infringement is harming its business.

In a statement, Nokia said: “We are taking this action to protect our intellectual property and to ensure that our investments in research and development are rewarded. We believe that Amazon’s use of our patented inventions is unlawful, and we are committed to defending our rights.”

Amazon has not yet commented on the lawsuits.

Source: Nokia

News

The new Brazilian action plan is launched and sets a 3-year target for granting patents until 2025

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The 2023-2025 Action Plan of the National Intellectual Property Strategy (ENPI) was launched on Tuesday (10/24), with publication in the Official Gazette of the Union (DOU), which aims to ensure progress towards an effective and balanced intellectual property system, which leverages Brazil’s competitiveness and economic and social development.

The plan, prepared by the Interministerial Intellectual Property Group (GIPI), brings together 63 actions and 161 deliveries across seven areas of activity. Among them, measures to promote administrative efficiency allowed the establishment of a new target for decision time on patent applications, which will increase from 6.9 years (reference of December 2022) to 3 years by July 2025. The target is intermediate since the INPI has planned complementary actions that will allow the target to be reduced to 2 years in 2026, as already announced by the vice-president and minister of Development, Industry, Commerce and Services (MDIC), Geraldo Alckmin.

Furthermore, the plan is designed to increase Brazil’s position from 6th to 3rd in the ranking of countries in terms of several trademark registrations and from 12th to 11th position among countries in several industrial design filings. Finally, there is also a target to increase the number of innovation projects benefiting from mentoring and training in intellectual property from 227 to 450.

“The main challenge for the Plan is to maintain a concerted and strategic action between the different actors operating in the IP system, aiming to achieve more effective results with greater impact on society,” says the Secretary of Competitiveness and Regulatory Policy at MDIC, Andrea Macera. “161 deliveries were planned, involving 18 government bodies and 11 civil society institutions. Now our challenge is to coordinate GIPI participants for the implementation and deliveries of all ecosystem actors within ENPI”, adds the Secretary coordinator of the group.

She highlights that one of the plan’s objectives is to bridge the gap between development and intellectual property, aiming for the practical application of patents by the industrial sector, for example, with technology transfer. “More than half of national patent filings come from universities and do not necessarily translate into technology transfer to industry,” explained Macera.

Actions: The actions foreseen in the Action Plan are aligned with the priorities of the government’s agenda, especially the missions defined by the National Council for Industrial Development (CNDI).

There are governance, educational, mentoring, training initiatives, regulatory updates, structure qualification, and process simplification, among others.

For using IP as a sustainable development tool, for example, deliveries such as matchmaking in green technologies and training in the Amazon region are planned to generate income from IP assets, such as geographical indications and collective brands. Actions will also be carried out to promote the diversity of users of the national IP system with mentoring on the topic in training programs for women entrepreneurs, such as Elas Exportam (They Export) and Empreendedoras Tech (Tech Entrepreneurs).

Some educational initiatives will aim to disseminate the culture of Brazilian intellectual property to audiences of different levels of education. This is the case of the PI nas Escolas (IP in school) program, which rewards public school teachers who bring IP knowledge to students. Higher and technical education proposals will be discussed in a specialized group within the scope of GIPI.

By encouraging teaching about Intellectual Property, Brazil advances towards experiences adopted by other countries. In South Korea, for example, children have been discussing the issue since elementary school. In the United States, this practice takes place in high school. In many cases, the subject is mandatory in undergraduate courses.

The plan creates an IP intelligence nucleus that will produce, every semester, a study that contributes to identifying technological capabilities and trends. The first selected study will focus on biopharmaceutical patents to analyze freedom of operation in the country and support policy decision-making in the Health Economic and Industrial Complex (CEIS).

It is also planned to include IP criteria and content in funding notices supported by bodies such as the National Bank for Economic and Social Development (BNDES), the Financier of Studies and Projects (Finep), and the Coordination for the Improvement of Higher Education Personnel (Capes). In this case, the objective is to protect innovations from research and development with public resources.

To build the action plan, GIPI incorporated suggestions from civil society in a public grant-making process finalized in May. Altogether, the measures collected encourage creativity, investments in innovation, and access to knowledge for greater competitiveness and economic and social development in Brazil. The goals set by the plan also support projects developed by Science and Technology Institutions (ICTs) and Technological Innovation Centers (NITs).

Source: MDIC

News

A legislative decree promulgated with agreement to protect geographical indications in Mercosur

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The president of Congress, Senator Rodrigo Pacheco (PSD-MG), promulgated a Legislative Decree containing an agreement between Mercosur countries (Brazil, Argentina, Paraguay, and Uruguay) to protect original geographical indications. The text was published in the Official Gazette of the Union this Monday (16).

The legislative decree corresponds to the approval of the National Congress to the text signed by the Brazilian government. To enter into force, the agreement, approved by the Chamber of Deputies and the Senate in May this year (PDL 165/22), still needs presidential ratification, carried out by decree.

According to the agreement, signed in 2019, the countries undertake to mutually respect the geographical indications contained in a resolution approved by the Common Market Group (GMC), the central executive body of Mercosur.

Geographical indication (or GI) is a registration given to traditional products or services characteristic of the place of origin. Examples are Canastra cheese and grapes typical of a region. The GI is a private right for collective use, restricted to producers or service providers who receive the brand.

Source: Agência Câmara de Notícias