Revista de Propriedade Intelectual, Direito Contemporâneo e Constituição
type: channel
description: Electronic journal devoted to research in intellectual property law and adjacent fields, published continuously since 2012. E-ISSN 2316-8080.
publisher: Grupo de Estudos e Pesquisas Educação e Contemporaneidade — EDUCON/UFS/CNPq
language: en
publication name: Revista de Propriedade Intelectual, Direito Contemporâneo e Constituição
issn: 2316-8080
copyright: Authors retain copyright in their work and grant the journal the right of first publication. The licence applicable to this article is the one stated on its own page and corresponds to the policy in force on its date of publication. Authors are permitted to deposit the published version in institutional and subject repositories, provided the original publication in this journal is acknowledged. PIDCC charges no submission, processing or publication fees.
items: The Tension Between “Brand-Name” Drugs And “Generics”: The Pharmaceutical Industry’s Temporary Monopoly And The Public Domain – The Legal Regime For Invention Patents
items: The abuse of religious power: a case study of the judgment of REspEl 8285/GO by the Brazilian Superior Electoral Court
items: Temporary Civil Servant Hiring by the Municipality of Riachão do Dantas/SE: an Analysis Based on Administrative Improbity Actions Brought Before the State Court Between 2010 and 2022
items: Privacy protection in cyberspace: challenges and impacts of the General Data Protection Law in Brazil
items: Industrial Property in Business: Legal Protection and Economic Exploitation of Intangible Assets
items: The AGEC Law and Value Creation in the Luxury Sector: Circularity Strategies of Hermès, Kering and LVMH
items: Patents and Artificial Intelligence in Brazil: Challenges for the Examination of Inventions and INPI Public Consultation nº 03/2025
items: Patent Improvements and Dependent Licensing
items: The protection of applied arts in industry: an initial approach
items: Technological race and national security: a comparative analysis of the situation of Huawei and TikTok in Brazil and in the USA
items: Intellectual property and the protection of teaching materials produced by teachers
items: Alexander Hamilton, the Bank of the United States and the theory of implied powers
items: The challenges and opportunities posed by the metaverse to trademark protection
items: Copyright protection applied to intellectual works created with the use of artificial intelligence
items: Doctrinal and jurisprudential analysis of intellectual property rights in the Brazilian Constitution
items: Human rights, the recognition of the value of the person: the contribution of Miguel Reale
items: Special procedural means of protection of industrial property in the Portuguese legal system
items: Compulsory licensing of patent rights on grounds of public interest and the SARS-CoV-2 pandemic: considerations de lege lata and de lege ferenda
items: Criteria for the special protection of well-known trademarks in Brazil: the impact of the Paris Convention and the Rickenbacker case study
items: Barbarian invasions: works protected by copyright claimed as trademarks
items: The protection of sensitive data in scientific research, Miguel Reale and the individuality of the person
items: Debates on innovation, entrepreneurship and systemic constellation: possible dialogues for the organizations of the Judiciary
items: Juscybernetics and control in legal practice
items: Corporate social function in Brazilian law: constitutional solidarity, SDGs and ESG standards
items: Biopiracy in the context of biodiversity legislation
items: Evaluation of patent filings in Brazil on the basis of public expenditure on science and technology
items: Functional analysis of industrial property in contemporary business relations
items: Analysis of good practices for protecting intellectual property in public universities
items: The implementation of intellectual property in the public university on the basis of the innovation legal frameworks
items: Environmental disasters: an analysis from the perspective of legal action

The Tension Between “Brand-Name” Drugs And “Generics”: The Pharmaceutical Industry’s Temporary Monopoly And The Public Domain – The Legal Regime For Invention Patents
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description: O presente artigo analisa o instituto da patente de invenção no âmbito da Propriedade Industrial, examinando a natureza jurídica do monopólio temporário concedido pelo Estado e sua contraposição ao domínio público. Parte-se da premissa de que a livre circulação da informação é a regra natural e o domínio público o estado originário dos bens incorpóreos, enquanto a exclusividade patentária constitui exceção criada pelo legislador para incentivar a inovação. Confrontam-se os princípios constitucionais da livre iniciativa e da livre concorrência com a necessidade de compensação dos elevados custos de Pesquisa e Desenvolvimento (P&D) no setor farmacêutico. Analisam-se os impactos econômicos da expiração das patentes a partir da introdução dos medicamentos genéricos e o cenário contemporâneo de transição regulatória exemplificado pela Semaglutida no Brasil, abordando-se, ao final, a evolução legislativa do prazo de vigência das patentes estampado no art. 40 da Lei nº 9.279/1996 e a revogação do seu parágrafo único pela Lei nº 14.195/2021.
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creator: Querino Mallmann
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-08-20
publication date: 2026-08-20
starting page: e20261501005
ending page: e20261501005
doi: 10.16928/e20261501005

The abuse of religious power: a case study of the judgment of REspEl 8285/GO by the Brazilian Superior Electoral Court
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description: This case study analyses the ruling handed down by the Brazilian Superior Electoral Court in Special Electoral Appeal no. 8285/GO, reported by Justice Edson Fachin and decided on 2 October 2020, in which the Court overturned the lower-instance decisions that had revoked the mandate of a city councillor elected in Luziânia, Goiás, for abuse of religious power in the 2016 election. It discusses whether abuse of religious power constitutes an autonomous category of electoral wrongdoing or whether it depends on being framed within the forms already set out in Complementary Law no. 64/1990. The research combines a review of case law — five rulings of the Superior Electoral Court decided between 2017 and 2021 — with a review of specialised electoral scholarship, and also examines Complementary Bill no. 112/2021, which seeks to regulate the matter. It argues that the absence of a specific rule defining abuse of religious power generates legal uncertainty and divergent interpretations, in tension with the freedoms of religion and expression guaranteed by the 1988 Federal Constitution. It concludes that, until specific legislation is enacted, the repression of such abuse must rest on the application of general electoral rules, subject to evidence demonstrating that religious leadership was used to obtain votes unlawfully.
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creator: Lucas de Jesus Carvalho
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by/4.0
date: 2023-09-01
publication date: 2023-09-01
starting page: e20231201005
ending page: e20231201005
doi: 10.16928/e20231201005

Temporary Civil Servant Hiring by the Municipality of Riachão do Dantas/SE: an Analysis Based on Administrative Improbity Actions Brought Before the State Court Between 2010 and 2022
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description: This paper analyzes, within the field of accountability for administrative improbity, how the Court of Justice of Sergipe, between 2010 and 2022, assessed the hiring of temporary servants by the managers of the Municipality of Riachão do Dantas. It examines how these actions brought before the State Court were formed and how the Court has positioned itself, and identifies possible effects of the changes promoted by Law n. 14.230/2021 on the cataloged cases and on the enforcement of judgments. The methodology involves studying the cases through public consultation of procedural data, testing hypotheses against the results of the analysis, organized by statistical and comparative methods. Across four sections, it presents the main considerations on the institutes of temporary contracts and administrative improbity and analyzes the data of the cases found. In the end, it confirms that the Court, at first and second instance, has mostly declared the irregular and improbable use of this constitutional exception to the public tender rule, with two sanctions prevailing: the civil fine and the prohibition from contracting with the government or receiving tax or credit benefits. Except for one case, in which a final judgment was suspended, and for the stay of some cases awaiting the Supreme Court, no other considerable practical effects of Law n. 14.230/2021 were found on the decisions or on the enforcement of judgments, which, more than twelve years after the first case, still await compliance.
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creator: Lucas da Silva Andrade
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by/4.0
date: 2023-08-31
publication date: 2023-08-31
starting page: e20231201004
ending page: e20231201004
doi: 10.16928/e20231201004

Privacy protection in cyberspace: challenges and impacts of the General Data Protection Law in Brazil
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description: This article analyzes the effectiveness of the General Data Protection Law (LGPD) in ensuring the right to privacy in cyberspace. The objective is to investigate whether current Brazilian legislation is sufficient to address the challenges posed by rapid digitalization and the growing collection of personal data. A qualitative and descriptive methodology is used, through bibliographic review, comparative normative analysis, and case studies of data breaches. The results show that although the LGPD represents significant progress in data protection, it still faces practical barriers, such as the population's lack of awareness about their rights, technical challenges for companies, and structural limitations in the performance of the National Data Protection Authority (ANPD). The study also highlights the importance of digital education and international cooperation as strategies to complement the legislation. It concludes that the LGPD is an essential tool but requires constant updates, institutional strengthening, and integrated public policies to effectively ensure privacy and security in the digital environment.
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creator: Júlia Marques Santos
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: e20251401005
ending page: e20251401005
doi: 10.16928/e20251401005

Industrial Property in Business: Legal Protection and Economic Exploitation of Intangible Assets
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description: Industrial property acquires particular relevance to business activity when legally protected intangible assets become part of a company's economic and patrimonial organization. This essay analyzes the legal regimes applicable to inventions, utility models, industrial designs and trademarks in order to understand how their protection allows them to function as business assets. The study adopts a legal-dogmatic approach focused on Brazilian industrial property law. It argues that these rights perform a function that extends beyond granting exclusivity to their holders, since they also provide a legal framework for the protection, valuation and economic circulation of intangible assets. The analysis addresses the conditions governing patents and registrations, the administrative role of the Brazilian National Institute of Industrial Property and the use of licensing and assignment arrangements. It concludes that industrial property protection constitutes an important instrument for structuring intangible business assets and enabling their economic exploitation.
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creator: Carla Eugenia Caldas Barros
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by/4.0
date: 2024-12-31
publication date: 2024-12-31
starting page: e20241301005
ending page: e20241301005
doi: 10.16928/e20241301005

The AGEC Law and Value Creation in the Luxury Sector: Circularity Strategies of Hermès, Kering and LVMH
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description: This study examines how major luxury groups have transformed the regulatory requirements of the French AGEC Law into opportunities for value creation five years after its implementation. Using a qualitative multiple-case approach and documentary analysis of corporate and sustainability reports, the research investigates the strategies adopted by Hermès, Kering, and LVMH between 2019 and 2024. The findings reveal a shared transition from practices initially driven by regulatory compliance toward more structured models of circularity and innovation. However, each group follows a distinct strategic approach: Hermès builds on durability, repairability, and craftsmanship; Kering emphasizes innovation, partnerships, and ecosystem-based initiatives; while LVMH adopts centralized governance through its LIFE 360 program. The study concludes that the AGEC Law has primarily acted as an accelerator of pre-existing sustainability strategies, encouraging the integration of circular economy principles into luxury business models and contributing to environmental, economic, and symbolic value creation.
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creator: Norma Caldas
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by/4.0
date: 2026-08-16
publication date: 2026-08-16
starting page: e20261501004
ending page: e20261501004
doi: 10.16928/e20261501004

Patents and Artificial Intelligence in Brazil: Challenges for the Examination of Inventions and INPI Public Consultation nº 03/2025
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description: The expansion of artificial intelligence (AI), particularly machine learning systems and generative models, has been transforming research, development, and innovation processes while creating new challenges for the patent system. In Brazil, the National Institute of Industrial Property (INPI) submitted to Public Consultation No. 03/2025 a draft of the Examination Guidelines for Patent Applications related to Artificial Intelligence. This article analyzes the consultation and the official consolidation of the submissions received, connecting institutional documents with national and international literature on inventorship, patentability, inventive step, the person skilled in the art, and sufficiency of disclosure. The study adopts a qualitative approach, applied nature, and exploratory-descriptive character, based on bibliographic and documentary research. The documentary corpus comprises the draft submitted for consultation and its official consolidation, which records 16 submissions, to which four additional submissions contained in the consultation’s supplementary documentation were added. The results of the documentary analysis reveal different positions concerning the taxonomy of AI-related inventions, human contribution to inventorship, disclosure of training data and processes, the definition of the person skilled in the art, and the assessment of inventive step. The analysis indicates the need to preserve the traditional requirements established by Law No. 9,279/1996 without establishing excessively rigid criteria or criteria dependent on specific technologies. The study concludes that Brazilian guidelines should prioritize technological neutrality, verifiable human contribution, the technical function of AI, sufficiency of disclosure proportional to the functional dependence of the solution, and contextual assessment of inventive step.
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creator: Fabrisio Oliveira Santos
rights: Copyright (c) 2026 Fabrisio Oliveira Santos (Autor) https://creativecommons.org/licenses/by/4.0
date: 2026-08-16
publication date: 2026-08-16
starting page: e20261501003
ending page: e20261501003
doi: 10.16928/e20261501003

Patent Improvements and Dependent Licensing
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description: This article examines dependent patents within the field of industrial property, focusing on their relationship with improvements to inventions and the limitations imposed on the exercise of patent rights. It begins with the legal nature and temporary character of patent protection and analyzes situations in which a subsequent invention depends on the use of a prior patent. The study discusses the distinction between an improvement and an autonomous invention, drawing on Brazilian and foreign legal scholarship, particularly French law. It also analyzes the treatment of dependent patents under Brazilian Law No. 9,279/1996, especially the requirements for granting compulsory and cross-licenses. Issues concerning priority, the grace period, and technology transfer are also addressed. The analysis highlights the need to balance the exclusive rights granted to the holder of the prior patent, incentives for technological development, and the exploitation of subsequent innovations representing substantial technical progress.
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creator: Carla Eugênia Caldas Barros
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: e20251401003
ending page: e20251401003
doi: 10.16928/e20251401003

The protection of applied arts in industry: an initial approach
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description: In consumer relations, design is a strategic aspect, decisive in making purchasing decisions, capable of justifying a differentiated price and gaining customer loyalty. From a legal point of view, innovative designs, which meet legal requirements, can be protected by copyright, in accordance with what is determined by Law No. 9,610/98, and/or by industrial design, a modality of industrial property protection, provided for in Law No. 9,279/96. The nature of the design, its production and its use will usually determine the most appropriate form of intellectual property protection. It turns out that, when it comes to the work of art applied to a certain product, there are divergences, even in the Superior Court of Brazil. Therefore, the present work aims to address such divergences, in the light of concrete cases, in the face of the most robust doctrine, in order to thicken the respective theoretical fabric and induce legal reflection. The methodology to be used is qualitative and exploratory, based on document analysis and bibliographic review on the topic. Finally, considerations are made by way of conclusion.
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creator: Patrícia Pereira Peralta
creator: Marcelo Nogueira
rights: Copyright (c) 2024 Patrícia Pereira Peralta, Marcelo Nogueira (Autor) https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2024-12-01
publication date: 2024-12-01
starting page: 21
ending page: 45
doi: 10.16928/e20241302002

Technological race and national security: a comparative analysis of the situation of Huawei and TikTok in Brazil and in the USA
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description: This article seeks to elucidate the different legal and regulatory approaches regarding the operations of Huawei and TikTok, in the USA and in Brazil respectively. By analysing legislative and regulatory initiatives, judicial proceedings and other legal instruments concerning the activity of these companies in both countries, we aim to contribute to the national academic debate and to the work of legal practitioners and public policy makers on some of the risks presented by Chinese technology and communications companies. Bills, regulatory agency rules, provisional measures and executive orders are examined, as well as the United States litigation surrounding the proposed TikTok ban and the restrictions imposed on Huawei in the supply of fifth-generation infrastructure. At the end of the work, we point out which solutions Brazil may develop so that it can at the same time safeguard its national sovereignty without taking sides, in an increasingly tense and competitive technological geopolitical race.
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creator: Gustavo Diniz
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2024-09-01
publication date: 2024-09-01
starting page: 33
ending page: 59
doi: 10.16928/2024v1n2p.33-59

Intellectual property and the protection of teaching materials produced by teachers
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description: This paper addresses the importance of intellectual property protection in education, with an emphasis on copyright and the preservation of teaching materials created by teachers. Teacher authorship is essential for learning, through the production of books, handouts, videos, and games. However, many educators are unaware of their rights and do not protect their creations, which facilitates misuse. The study aims to present ways to protect these materials, highlighting Law No. 9,610/98 and official registration as means of guaranteeing authorship and exclusive use of the works. The methodology is bibliographic, based on studies on intellectual property and education. The results indicate that, although the legislation ensures protection, many teachers are unaware of the registration procedures and their rights. Awareness and continuing education are fundamental to protecting works and strengthening the contribution of teachers in the educational process.
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creator: Camilla de Almeida Menezes
creator: Maria do Socorro Cruz Linhares
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2025-12-01
publication date: 2025-12-01
starting page: 24
ending page: 35
doi: 10.16928/2316-8080.V01N2p.024-035

Alexander Hamilton, the Bank of the United States and the theory of implied powers
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description: This article seeks to elucidate the constitutional interpretation, which gave legal support to the creation of the First and Second Bank of the United States. Analyzing Alexander Hamilton's economic program and his postulations for the constitutionality of the institution, as well as the initial proceedings in the American Congress and the decision for the constitutionality of the financial institution, issued by the Supreme Court during the Presidency of John Marshall, the work seeks to show that the theory of implicit powers was essential for the Bank of the United States to be created and maintained, thus giving legal and constitutional support to Hamilton's economic program, which would be responsible for the surprising economic growth of the USA during the 19th century.
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creator: Gustavo Diniz
creator: Simone Diniz
rights: Copyright (c) 2024 Gustavo Diniz, Simone Diniz (Autor) https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2024-12-01
publication date: 2024-12-01
starting page: 1
ending page: 20
doi: 10.16928/2316-8080.V01N2p.001-020

The challenges and opportunities posed by the metaverse to trademark protection
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description: The aim of this article is to discuss the challenges and opportunities that Metaverse represents for trademark protection. The Metaverse can be understood as a virtual world that promotes interaction between people and between people and companies, through digital avatars. In turn, trademarks generally represent the intellectual property asset most valued by companies. Managing the protection given to trademarks by intellectual property, limited by principles such as territoriality and specialty, emerges as an immense challenge for companies, but it opens up new opportunities for managing the trademark portfolio and image. To achieve this objective, the exploratory and qualitative method used was supported by doctrinal and case law analysis, as well as documentary analysis of surveys intended for Decentraland, the Metaverse manager. The results are expected to strengthen the issue of the protection granted to trademarks by intellectual property, given the emergence of the Metaverse. As conclusions, there are more questions and queries that will be raised as a way to foster debate.
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creator: Patrícia Pereira Peralta
creator: Marcelo Nogueira
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2025-12-01
publication date: 2025-12-01
starting page: 1
ending page: 23
doi: 10.16928/e20251401001

Copyright protection applied to intellectual works created with the use of artificial intelligence
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description: The objective of this work is to contribute to the academic debate on the legal regime attributed to intellectual works created with the use of artificial intelligence (AI) systems, which are of particular importance for technological, scientific and innovation development in the current stage of development of this new technology. Copyright is founded on anthropocentric bases and has the specific purpose of protecting the author as the main recipient of Copyright Law. Currently, the Brazilian Copyright Law only protects intellectual works created by human beings. In this work, we intend to analyze these characteristics in light of the investigation of two scenarios, considering the effective participation of the human being in the result of creation generated by AI and the absence of human participation, with the autonomous creation undertaken by AI.
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creator: Victor Rafael Andrade Oliveira Prata de Guimarães Souza
creator: Rodrigo Moraes Ferreira
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2024-09-01
publication date: 2024-09-01
starting page: 12
ending page: 32
doi: 10.16928/2024v1n2p.12-32

Doctrinal and jurisprudential analysis of intellectual property rights in the Brazilian Constitution
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description: The objective of the article is to analyze the doctrine and jurisprudence regarding the importance of the constitutionalization of Intellectual Property Rights. It is a descriptive research, whose methodology used consists of bibliographic research, mainly in the legal areas of Constitutional Law and Intellectual Property Law, also using jurisprudential analysis. In the end, it is concluded that the Federal Constitution regulated the subject in article 5, items XXVII to XXIV, elevating Intellectual Property Rights to the status of Fundamental Right of the human being, being also a Personality Right.
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creator: Jéssica Cavalcanti Barros Ribeiro
creator: Guilherme Sabino Nascimento Sidrônio de Santana
rights: Copyright (c) 2020 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2020-10-01
publication date: 2020-10-01
starting page: 131
ending page: 145
doi: 10.16928/e20200903001

Human rights, the recognition of the value of the person: the contribution of Miguel Reale
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description: In the last century, the dignity of the human person became a principle recognized in the Constitutions of different States and in international treaties, after the promulgation of the Universal Declaration of Human Rights (1948), reinforced by the International Covenant on Economic, Social and Cultural Rights (PIDESC) (1976). These facts gave relevance to the theme and called attention to the emergence, implications and foundation of human rights. The problem examined in this article is the contribution of Miguel Reale's legal theory to these questions. The three-dimensional philosophy of law of Reale is juxtaposed with the recognition that the construction of human rights is a historical process that began in ancient Rome. This process gained consistency with studies of the person during the Middle Ages. If dignity initially depended on the status or position of the individual, it gradually extended to all men. Reale's theory explains how this process took place, against the background of the characterization of values as a cultural object of its own, with a historical character.
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creator: José Maurício de Carvalho
creator: Izadora Caroline da Silva Andrade
creator: Junio da Silva das Chagas
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2022-01-01
publication date: 2022-01-01
starting page: 1
ending page: 16
doi: 10.16928/2316-8080.jan2022_01

Special procedural means of protection of industrial property in the Portuguese legal system
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description: The study examines the procedural specificities of the protection of industrial property laid down in the Portuguese Industrial Property Code, taking as its reference the Intellectual Property Court and the general regime of the Code of Civil Procedure. The analysis covers four areas. As regards evidence, it describes the measures for obtaining and for preserving evidence, the requirements for ordering them and the protection of confidentiality. As regards interim relief, it distinguishes the ordinary interim procedure from the specified attachment procedure, with attention to deferred adversarial hearing and to the principle of proportionality. As regards judicial decisions, it addresses the criteria for compensatory decisions, for injunctive decisions under the general and the particular regimes, and for ancillary sanctions. Finally, it examines the degree of procedural publicity, while proceedings are pending and after they end, as well as the publication of decisions in the Industrial Property Bulletin. The text concludes on the articulation between the special rules and ordinary civil procedure.
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creator: Lucinda Dias da Silva
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2022-01-01
publication date: 2022-01-01
starting page: 78
ending page: 98
doi: 10.16928/2316-8080.jan2022_05

Compulsory licensing of patent rights on grounds of public interest and the SARS-CoV-2 pandemic: considerations de lege lata and de lege ferenda
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description: This paper analyzes, above all in an international context, the current relevance of issuing compulsory licenses of patent rights (or patent applications) — id est, national patent, european patent or through the Patent Cooperation Treaty — in the context of the SARS-CoV-2 pandemics, the transfer of technology (know-how), and the access to test data, by other companies (public or private), submitted to the competent health authority (protection of data generated for regulatory purposes) concerning vaccines and other necessary raw materials and substances to eliminate or lessen the effects of this pandemic. The analysis carried out reveals that, by itself, compulsory licensing does not prove to be the most adequate legal tool to increase at a global level the availability of vaccines and other substances, and methods that are essential to face the aforementioned pandemic.
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creator: J. P. Remédio Marques
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2022-01-01
publication date: 2022-01-01
starting page: 27
ending page: 52
doi: 10.16928/2316-8080.jan2022_03

Criteria for the special protection of well-known trademarks in Brazil: the impact of the Paris Convention and the Rickenbacker case study
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description: The article concerns the protection of well-known marks and had as its main objective to investigate the protection of such trademarks in Brazil, specifically as regards the criteria used to assess notorious knowledge in the national territory. The case study of the Rickenbacker trademark was adopted as a methodological strategy because it allowed a detailed analysis of trademark notoriety and a meticulous analysis of a rare decision of the Brazilian National Institute of Industrial Property (INPI). The case was examined from three theoretical perspectives, the theory of the consumer's passive perception and the interactional theory, and also from the main characteristics of well-known marks identified by Moro (2003). As a result, the Rickenbacker mark meets the characteristics of well-known trademarks cited by Moro (2003) and would also be considered as such through the consumer's passive perception theory and the interactional theory. Regarding the INPI decision, apparently an interactional perspective was adopted; however, it was not possible to state this fact categorically.
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creator: Renata Ribeiro Pereira
creator: José Carlos Vaz e Dias
creator: Leonardo da Silva Sant'Anna
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2022-01-01
publication date: 2022-01-01
starting page: 53
ending page: 77
doi: 10.16928/2316-8080.jan2022_04

Barbarian invasions: works protected by copyright claimed as trademarks
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description: Trademarks and copyrights are different types of intellectual property rights. They are intended to guarantee the exclusive exploitation of immaterial goods. Trademarks protect distinctive signs that are used to identify goods and services in the market. On the other hand, copyrights protect literary and artistic works. Despite the differences between them, copyright works have been claimed as trademarks, overlapping the guaranteed protection of distinctive signs. This article aims to analyze the problems of overprotection such as those involving cumulative protection of copyright and trademarks based on cases extracted from the database of the Brazilian National Institute of Industrial Property (INPI), comparing these with the literature on trademarks and copyrights. Drawing conclusions, it is understood that the use of the trademark system to protect copyright work may not be interesting for the proper balance of the intellectual property system, mitigating the public interest that justifies the recognized protection.
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creator: Patrícia Pereira Peralta
creator: Elizabeth Ferreira da Silva
creator: Ingrid Jensen Schmidt
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2023-06-01
publication date: 2023-06-01
starting page: 34
ending page: 55
doi: 10.16928/2316-8080.jun2023_03

The protection of sensitive data in scientific research, Miguel Reale and the individuality of the person
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description: This work considers the importance of preserving the anonymity of the research subject by protecting data that may expose him publicly. This is because such exposure may harm the subject in different situations. Therefore, it is the responsibility of the researcher to protect sensitive data that weaken the person. The researcher's commitment is signed through the TCUD, an instrument in which he undertakes to guarantee the confidentiality of personal data obtained by researchers, ensuring the participation of the person in a free and informed way. We seek to indicate the legislation that guarantees the protection of personal data, including that of the National Health Council which deals with such protection in scientific research. We also present the ethical reasons that support this protection, drawn from the legal philosophy of Miguel Reale, above all from his theses on the singularity and the dignity of the person, and from the Brazilian constitutional and statutory framework comprising article 5, X, of the Constitution, the General Data Protection Law and resolutions 340/2004, 466/2012 and 510/2016 of the National Health Council.
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creator: José Maurício de Carvalho
creator: Vanessa Eugênia dos Santos
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2023-06-01
publication date: 2023-06-01
starting page: 1
ending page: 13
doi: 10.16928/2316-8080.v13n2p.

Debates on innovation, entrepreneurship and systemic constellation: possible dialogues for the organizations of the Judiciary
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description: In the field of public and private organizations, the Systemic Constellation has been used as a support, consultancy and mediation methodology with the purpose of resolving conflicts. Problems in couple relationships, between parents and children, between boss and employee, partners or employees in conflict, among others, can be analyzed from a systemic perspective. The general objective of the work is to reflect on how the Systemic Constellation dialogues with the concepts of innovation and entrepreneurship, especially in the field of organizations. To this end, we conducted bibliographic research with theorists and interviews with some stakeholders working in the field of Systemic Constellation in Law. We note that the Systemic Constellation is revealed as an innovative method capable of promoting effective solutions within organizations, especially in the Judiciary Branch, where it has been used in CEJUSCs – Judicial Centers for Conflict Resolution and Citizenship.
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creator: Vanêssa Emanuela Marques de Paula
creator: Luana Carla Martins Campos Akinruli
creator: Vasco Ariston de Carvalho Azevedo
rights: Copyright (c) 2022 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2022-01-01
publication date: 2022-01-01
starting page: 17
ending page: 26
doi: 10.16928/2316-8080.jan2022_02

Juscybernetics and control in legal practice
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description: Contemporary science has provided an unprecedented sense of human control. Simultaneously, society demands a break from traditional law, whose isolated study brings insecurity, observed in randomly different decisions for similar cases. In this scenario, preventive advocacy has become a trend by positioning the lawyer as a protagonist in communication with society, providing legal certainty through planning in the decision-making process of the client. Despite this, the bibliography about its references is still scarce. Cybernetics and Jurimetrics constitute a theoretical framework that will be developed in an analytical and historical manner, as the understanding of their mechanisms helps in an effective paradigm shift in favor of a risk reduction policy.
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creator: Karina Reis Moacyr
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2023-06-01
publication date: 2023-06-01
starting page: 14
ending page: 33
doi: 10.16928/2316-8080.jun2023_02

Corporate social function in Brazilian law: constitutional solidarity, SDGs and ESG standards
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description: The social function of the corporation, a principle with diffuse constitutional basis in Articles 1, 3, 5, 170 and 173 of the 1988 Brazilian Constitution, lacks the normative density required for objective verification. This article examines the legal foundations of the principle, its genealogy - from property to contract to the enterprise - and its positive and negative dimensions, articulating them with the Sustainable Development Goals (SDGs) of the 2030 Agenda and the new ESG standards. Drawing an analogy with Article 186 of the Brazilian Constitution, which establishes objective criteria for the social function of rural property, the article proposes the adoption of analogous minimum parameters for the social function of the corporation, articulated with the IFRS S1 and S2 standards issued by the ISSB and incorporated into Brazilian law by CVM Resolution 193/2023.
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creator: Yan Capua Charlot
rights: Copyright (c) 2026 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2026-03-01
publication date: 2026-03-01
starting page: e20261501001
ending page: e20261501001
doi: 10.16928/e20261501001

Biopiracy in the context of biodiversity legislation
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description: Biodiversity constitutes a heritage of high economic value, capable of propelling several sectors of the economy. Brazil, a signatory to the Convention on Biological Diversity (CBD), approved Law No. 13.123/2015 in fulfilment of its obligations under the Convention; that law provides for access to the genetic heritage, for the protection of and access to associated traditional knowledge, and for the sharing of benefits from the conservation and sustainable use of biodiversity. Brazil also ratified the Nagoya Protocol. Biopiracy is the misappropriation of a country's genetic heritage and traditional knowledge and has long threatened the entire structure of genetic heritage protection. With little deliberation among the main players in the innovation system — academia, government and industry — Law No. 13.123 was intended to promote the protection of this Brazilian heritage, but has failed in that regard. The scope of the article is to analyse biopiracy as a hindrance to the concepts and to the fulfilment of the purpose of the biodiversity legislation, and the impact it causes on the development of innovation and R&D, especially in the biotechnology field. The methodology used is descriptive and exploratory research, based on primary sources, legislation, literature and historical analysis.
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creator: Ricardo Gomes Figueiroa
creator: Raissa De Luca Guimarães
creator: Vasco Ariston de Carvalho Azevedo
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2021-01-01
publication date: 2021-01-01
starting page: 1
ending page: 28
doi: 10.16928/2316-8080.out2021_01

Evaluation of patent filings in Brazil on the basis of public expenditure on science and technology
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description: The purpose of this study is to analyse the relationship between the evolution of patent filings in Brazil and public expenditure on science and technology. The aim is to evaluate whether the Federal Government's investment in science and technology may be associated with the filing of patents in three areas: invention patents, utility models and certificates of addition. In order to reach the proposed objective, the methodology used was statistical analysis through correlation and linear regression between the secondary data on Federal Government investment in Science and Technology, available on the Transparency Portal, and the number of filings of invention patents, utility models and certificates of addition, available on the website of the National Institute of Industrial Property (INPI), in the period between 2000 and 2016. The results showed that there is a strong relationship between the investments in question and patent filings in Brazil, the correlation between the elements studied being above 90%. Two types of investment were considered: research and experimental development (R&D) and related scientific and technical activities (ACTC). In both cases the correlation showed results that evidence the strong relationship between State investment and the generation of innovations in Brazil.
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creator: Vitor Hugo Da Silva Vaz
rights: Copyright (c) 2021 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2021-01-01
publication date: 2021-01-01
starting page: 84
ending page: 92
doi: 10.16928/2316-8080.v13n3p.84-92

Functional analysis of industrial property in contemporary business relations
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description: The purpose of this paper is to maintain and expand the subject of intellectual property among the fields of study and investigation of the Brazilian scientific and legal environment. New challenges are posed beyond its classic unsolved problems, but scientific advancement is best achieved with well-defined and current supporting bases. The constitutionalisation of private law is seen here as a methodology adequate to the objective of establishing an understanding of intellectual rights in accordance with the current legal system, which has its centre of gravity in the Constitution. Therefore, drawing on the constitutional references to those rights, the paper seeks to evidence their bases of justification for an approach more attentive to the reasons for and the effects of the limitations on intellectual rights, exploring their social function as a way of revealing the scope and extent of their contents.
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creator: Querino Mallmann
creator: João Pedro Valentim Bastos
rights: Copyright (c) 2020 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2020-02-01
publication date: 2020-02-01
starting page: 121
ending page: 153
doi: 10.16928/2316-8080.v01n1p.121-153

Analysis of good practices for protecting intellectual property in public universities
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description: The paper aims to identify some good practices adopted by public universities in the protection of intellectual property. By associating the emergence of normative instruments with the leading role of public universities in the development of technologies and intellectual property titles in the country, the pertinence of research focused on the particularities of the protection of research results through industrial property in these institutions becomes apparent. On the basis of bibliographic research and the deductive method, the publication of scientific papers, the dissemination of monographs, dissertations and theses, as well as the correct use of patent databases as sources of information, are discussed. In addition, the paper addresses the ownership of intellectual property, the assessment of the institution's interest in the innovation, the sharing of economic gains, the need to provide for intellectual property in legal instruments, the professionalisation of the Technological Innovation Centres and the application of legal provisions in the training of students and university staff. It thus highlights the measures already adopted by some institutions in an attempt to acclimate the national scenario, meet the normative purposes and strengthen the valuation of intellectual property in the public university.
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creator: Rodrigo Meireles Ortiz
rights: Copyright (c) 2020 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2020-02-01
publication date: 2020-02-01
starting page: 32
ending page: 59
doi: 10.16928/2316-8080.v01n1p.032-059

The implementation of intellectual property in the public university on the basis of the innovation legal frameworks
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description: This paper aims to demonstrate the implementation of intellectual property in the Brazilian public university, based on the commandments provided for in the Innovation Law, the Innovation Constitutional Amendment and the Legal Framework for Innovation. This is because these instruments, seeking to acclimate the national scenario, in which the public university holds the leading role in research activities and there is an imbalance between potentiality and effective innovation, besides encouraging innovative creations, impose the protection of the result of this State-stimulated research work, whose main instrument is industrial property. Thus, in the light of the enactments focused on innovation, the study indicates the relationship between innovation, intellectual property and the public university. In addition, it highlights the provisions of these three enactments concerning intellectual property and creation, which demonstrate the implementation and the mandatory character of intellectual property protection in the public university. Compliance with these provisions becomes essential not only for changing national performance, but also for the fulfilment of the normative commandments and objectives.
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creator: Rodrigo Meireles Ortiz
rights: Copyright (c) 2019 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2019-10-01
publication date: 2019-10-01
starting page: 106
ending page: 129
doi: 10.16928/2316-8080.v13n3p.106-129

Environmental disasters: an analysis from the perspective of legal action
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description: The aim of this study was to analyze environmental disasters from the perspective of legal action and human rights. This is an exploratory observational study with data collection based on environmental catastrophes occurred in 2019 in Brazil. A documental analysis of the stable environment was made. To collect primary data on legal action in cases of environmental disasters, semi-structured questionnaires were used, collecting data from the Human Rights Commission of the Brazilian Bar Association, Arapiraca-AL Subsection. Regarding secondary data, electronic searches were made primarily on the website of the Ministry of the Environment. It concludes by stating that states should be the first to guarantee and preserve the rights of people affected by environmental disasters by sending resources and humanitarian aid to reduce the damage caused.
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creator: Alyne Lisboa da Silva
creator: Igor Figueiredo Mendes de Souza
creator: Jean Lucas Santana Sacramento
creator: Pedro Henrique do Nascimento Silva
creator: Erick Samuel Bezerra Tavarez
creator: Vitor Fernandes de Souza
creator: Sthefanny Maria da Silva Brito
creator: Clécia Sabina Simplício de Oliveira
creator: Milene Lívia Gusmão Marques dos Anjos
creator: Guilherme Lucas Pinheiro
rights: Copyright (c) 2019 https://creativecommons.org/licenses/by-nc-nd/4.0/
date: 2019-10-01
publication date: 2019-10-01
starting page: 207
ending page: 216
doi: 10.16928/e20190804007