Personal Data Protection Regulation in Brazil: Potential Conflict Between Laws
A new version of the Draft Bill for the Protection of Personal Data (DBPPD) has been made available for public consultation, with a final deadline for contributions by April 30th, 2015. The text is based on a first version dated 2011, which was enriched with some contributions made at that time. During these four years […]
IP and sports: a winning formula
Sports events are no longer simply a means of entertainment, they are also big business. Top tier events attract significant investment, involve large numbers of stakeholders and generate a great deal of employment. They are, however, high-value business ventures only when supported by a strong intellectual property (IP) legal framework. Unique commercial opportunities Sports events […]
The “Marco Civil Da Internet” and Copyright Protection
The recently enacted Law No. 12.965 of April 23, 2014 – commonly referred to as the “Marco Civil da Internet” – has received significant publicity for both its vanguard content and the concerns it raises to certain Internet market players. The Marco Civil da Internet is not the “Internet Constitution” as it has been coined […]
U.S. Farm Bill May Result in Brazil’s Imposition of IP Retaliatory Countermeasures Against the United States
In 2009, the World Trade Organization (WTO) authorized Brazil’s adoption of “cross-retaliation” countermeasures against the United States for the illegal subsidy of U.S. cotton farmers by the U.S. Government. It was the third time in its history that it allowed an offended country to apply countermeasures unrelated to the subject matter of the WTO treaty […]
The Fashion Law Phenomenon
Most people have already heard of the prestigious French shoemaker who sought to have exclusive rights in using red soles, or of the corporate dispute involving the heirs to the creator of shirts branded after the name of the sport which consecrated them, or of the legal dispute between Brazilian and French brands due to […]
Access to Information on Sporting Events: the Brazilian Approach
Automated decisions have been increasingly used by organisations for different purposes in a myriad of sectors. Decisions that were previously made by humans, such as those related to hiring and dismissing employees…
Distribution of Foreign Audiovisual Works in Brazil
The Brazilian Administrative Council of Tax Appeals (“CARF”) – the appellate body within Brazil’s administrative tax system – decided recently that the Contribution for the Intervention in the Economic Domain (“CIDE”) would apply over payments or credits made to non-Brazilian residents related to the distribution of foreign audiovisual works in Brazil. Such precedent is unlawful […]
FIFA versus Brazil
The ‘General Law of the World Cup’ – legislation that establishes a set of standards required by FIFA for holding the tournament – has not yet been approved