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.
This weekend marked the 40th anniversary edition ofRock in Rio, recognized as one ofthe world's largest music festivals, which expects to attract around 700,000 people over its seven-day run.
On August 13, 2024, the First Panel of the STJ (Superior Court of Justice) ruled that ANVISA – National Health Surveillance Agency – does not have the legal authority to impose restrictions on drug advertising. According to the Court, the regulatory agency lacks the authority to create rules that exceed the provisions of Law 9.294/1996, which regulates the advertising of pharma and related products.
The Brazilian Patent and Trademark Office "INPI" obtained an injunction from the 6th Federal Court of Campinas - São Paulo State against a local company to remove the website https://portalinpi.com.br, which is very similar to the official INPI website, https://inpi.gov.br. The injunction also requires the company to cease using the INPI acronym and logo on its physical or virtual advertising platforms, including websites and social media.
Over the last few years, the spread of counterfeit goods on online sales platforms has become a noteworthy concern for Intellectual Property (“IP”) owners, manufacturers, consumers, and regulatory authorities.