IP News brought Into Focus

Issue 2, Volume 2

BRAZILIAN BIODIVERSITY CORNERSTONE

Since May 20, 2015, Brazil has a new law that deals with access and use of the Brazilian genetic assets and traditional knowledge, known as Biodiversity Legal Cornerstone (Law no. 13,123 of May 20, 2015). read more 

PUBLICITY OF BEERS AND WINES DECIDED BY BRAZIL’S SUPREME COURT

This year, on April 22, the Brazilian Supreme Federal Court (STF)) ruled the Direct Action of Unconstitutionality by Omission (ADO no. 22) brought by the Office of the General Attorney for the Republic and aiming to prohibit publicity of beers and wines according to Law no. 9,294 of 1996, which limits publicity of alcoholic beverages. read more

PROPAGANDA SLOGANS ARE NOT PROTECTED BY COPYRIGHT

On March 25, 2015, the First Reserved Panel of Business Rights of the Court of Appeals of the State of São Paulo ruled an appeal filed by Cia. Brasileira de Distribuição (CBD) and P.A. Publicidade Ltda. against the trial court’s decision which reject their pleading in a lawsuit they brought against Magazine Luiza S/A. In the said lawsuit, CBD and P.A. Publicidade requested that Magazine Luiza should be compelled to cease use of the slogan “come to be happy” and of the phrase “what is happiness to you?” the latter to name a prize contest available for their clients. read more

CONCURRENT JURISDICTION OF BRAZILIAN COURTS IN CONTRACT DISPUTES

During judgment of Ordinary Appeal no. 114/DF, filed by MTD Engenharia Ltda. against the Republic of Argentina, held on June 2, 2015, the Fourth Panel of the Superior Tribunal of Justice (STJ) reiterated that Brazilian courts have concurrent jurisdiction to prosecute and judge causes accruing from contracts with clauses electing privileged jurisdiction. STJ ruling recognized concurrent jurisdiction held by Brazilian courts in the instant case, because the contract disposed that implementation of its obligation (building of the new headquarters for the Argentinian Embassy in Brasília) should take place in Brazil. read more

“GUN JUMPING” ON CADE’S RADAR

Since 2012, prior approval of the Brazilian Administrative Council of Economic Defense (CADE) is required in order for large merger operations take place in Brazil. However, only recently CADE made public its special concern in relation to unauthorized starts or the so-called “gun jumping”.  read more

BUSINESS OPPORTUNITIES IN BRAZIL REQUIRE CAUTION

Brazil’s current economic situation increased the number of foreign companies looking for opportunities to merge and acquire Brazilian companies. In addition to complying with the competition rules provided for by Brazilian law and monitored by CADE (see the above article), interested parties must also pay attention to other relevant issues. read more

PRO BONO REPRESENTATION IN BRAZIL

The Brazilian Bar Association (OAB) finally approved the text of its new Ethics Code that deals with pro bono representation, which is exercised in Brazil for many years now, but had not yet been regulated by the Federal Council of the Brazilian Bar Association. read more