On November 19, 2024, SENACON published a precautionary measure regarding advertising and bonuses for online gambling. According to SENACON, this measure aims to protect consumers, especially the most vulnerable, such as children and adolescents, in addition to address concerns about users' over-indebtedness.
The Brazilian Patent and Trademark Office released its 2023 Management Report, encompassing the results of its operations throughout that year bearing in mind the goals defined in the Strategic Plan for the 2023-2026 term.
Last month, news broke in the U.S. media that the U.S. Court of Appeals for the Federal Circuit admitted in the lawsuit of Crocs, Inc. and Effervescent, Inc. (Case No. 2022-2160) that the false stating that a product is patented can result in false advertising and unfair competition claims.
WIPO continually strives to positively influence the global IP System while maintaining its neutrality across different jurisdictions worldwide.
The Brazilian Industrial Property Law (Law No. 9.279/96 — “BIPL”) prohibits the registration of “sign or expression used only as a means of advertising”, according to item VII of section 124.
After two years of legal dispute, Burger King secured a victory at the National Council for Advertising Self-Regulation (CONAR) by overturning a decision that had favored Ajinomoto.
Over recent years, Brazil has seen an intensification in patent litigation involving SEPs, with an exponential increase in lawsuits brought by both patent holders, NPEs (non-practicing entities), and some other companies that both hold essential patents and implement them.
Although the regulation of online sports betting and casinos, the popular BETS, has been in effect in Brazil for just over a year with the approval of Law No. 14.790 of 2023, Brazil can already be considered one of the major global players in this market. Last week, the Brazilian Central Bank released a survey showing that Brazilians spend around 20 billion reais monthly on online gambling, considering only direct cash transfers, without accounting for bets made with credit cards or other payment methods.
Digital piracy, especially in the streaming sector, has caused significant economic impacts on Brazil’s audiovisual industry and the state. Operation 404, one of the largest anti-piracy initiatives in the country, has played a key role in combating online piracy. As we will see below, the seventh phase of the operation, carried out this week (Sept/2024), reinforces the crackdown on illegal platforms that distribute audiovisual content criminally.
On August 27, 2024, the 3rd Chamber of the Brazilian Superior Court of Justice addressed the legal controversy concerning whether YouTube, an internet application provider owned by Google, can remove, suspend, or make user content unavailable when it violates its applicable terms of use. The court also sought to determine if such content moderation aligns with Brazilian law, particularly regarding freedom of expression, censorship prohibition, and the liability of service providers.