[Ip-health] IP-Watch: Brazil Takes Steps Aimed At More Balanced IP Rights

Thiru Balasubramaniam thiru at keionline.org
Sat Dec 14 01:01:24 PST 2013


http://www.ip-watch.org/2013/12/13/brazil-takes-steps-aimed-at-more-balanced-ip-rights/


Brazil Takes Steps Aimed At More Balanced IP RightsPublished on 13 December
2013 @ 6:19 pm

By William New <http://www.ip-watch.org/author/william/>, Intellectual
Property Watch

As of today, the Brazilian Patent Office has a new president: Otávio
Brandelli, according to an official announcement. Also today, the nation’s
new amendment on collective management went into effect.

The announcement is available
here<http://pesquisa.in.gov.br/imprensa/jsp/visualiza/index.jsp?jornal=2&pagina=1&data=13%2F12%2F2013>
.

According to Allan Rocha de Souza, a copyright and cultural policy
professor at the Federal University of Rio de Janeiro, Brandelli is a
career diplomat with a history for promoting a “balanced” perspective
between different stakeholders.

This makes him unlike the prior president, Jorge Ávila, who was known in
the broader intellectual property community as “promoting and enacting a
maximalist view of patent rights, in spite of the relevant public interest
involved,” Rocha de Souza said.

The decision by government regarding the head of the Brazilian Institute
for Intellectual Property (INPI) also signals that Brazilian internal and
foreign policies on patents will finally be bridged, as Brandelli comes
from the foreign affairs side, he said.

Meanwhile, on the copyright front, today is also a special day, both for
creators (musicians and artists) and users alike, he said.

The Brazilian copyright law (Law n.
9610⁄98<http://www.planalto.gov.br/ccivil_03/leis/l9610.htm>)
was amended (Law n.
12.853⁄13<http://www.planalto.gov.br/ccivil_03/_Ato2011-2014/2013/Lei/L12853.htm>)
in July 2013 to make the collective management chapter come into force
today.

Since its approval in the Congress and signing into law by the presidency,
the associations grouped under the Collective Management Organisation (CMO)
have brought a case to the Supreme Court arguing for its
unconstitutionality. The primary argument is that the law allows for state
intervention on private matters, and that is not constitutionally possible.

The Court decided not to impose an injunction suspending its effect, so the
amendment is in force as of now.

The Folha de São Paulo newspaper has had a
piece<http://www1.folha.uol.com.br/ilustrada/2013/12/1385000-lei-que-modifica-o-ecad-e-a-gestao-de-direitos-autorais-no-brasil-entra-em-vigor-hoje.shtml>
on
the issue today, showing some of the conflicts and debates over the theme.

The main change introduced by the amendment is the creation of a
supervising body – after more than 20 years of unregulated activity – with
mediation and arbitration powers to be regulated by a Federal Decree.

Other changes include the submission of the CMO and its associations to the
antitrust regulations, the limitation of terms for the directors’ boards,
as well as a limitation on who is eligible for such positions (only
original right-holders from now on).

An unofficial and preliminary English version of the amendment is available
here<http://www.ip-watch.org/weblog/wp-content/uploads/2013/12/Lei-12-853_13_gestao-coletiva_english.docx>
 [doc].



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