Week´s news headlines – Oct. 14th 2016

Intellectual property rights: In copy-and-paste age plagiarism and piracy not serious issues

Legislation for author versus publisher relationships may have improved, but there is still the perception that authors get little royalty from books. Those huge advances are extremely rare.

Read more at: http://www.financialexpress.com/fe-



Turkey Introduces Intellectual Property Rules For Scientific And Technological Research Council

Turkey has introduced principles and procedures for management of intellectual property rights owned or shared by the Scientific and Technological Research Council (“TÜBİTAK”). The Regulation introduces provisions for protecting intellectual property developed by TÜBİTAK staff, or within related grant programs, as well as transfer, payments and use of these rights.

Read more at: http://www.mondaq.com/turkey/x/533428/Trad



The difficult balance between comparative advertising and trademark protection

Have you ever compared products or services when contemplating a purchase? Companies, whenever they can, also strive to mark themselves out from their competitors to gain a competitive advantage and new clients. In an internal market where competition is highly encouraged by the European Union, comparative advertising has been strongly promoted and praised.

Read more at: http://www.lexology.com/library/



Patent pioneer Spangenberg speaks up about opportunity in trademarks

IP industry maverick Erich Spangenberg, once dubbed the “most notorious patent troll in America”, has told World Trademark Review about the “opportunity” he now sees in trademarks, and to expect Marathon Patent Group to make future investments in the space. His comments follow a recent ‘David versus Goliath’ trademark opposition spat that he advised on, which resulted in a “rare” worldwide co-existence agreement.

Read more at: http://www.worldtrademarkre



Avoiding patent wars and reducing IP risk in the blockchain ecosystem

Players in the nascent distributed ledger technology (DLT) industry need to collaborate and develop an intellectual property strategy, or run the risk of patent wars and a chilling effect on innovation.

Many players are aggressively pursuing patents in the blockchain space. News of banks, start-ups, mining outfits, exchanges and other entities filing blockchain-related patent applications is common.

Read more at: http://www.ibtimes.co.uk/avoiding-patent-w



A judge wants to make patent trolling a first amendment issue

Courts are still figuring out how to think about software patents

Read more at: http://www.theverge.com/2016/10/7/1319



Here’s Why Software Patents Are in Peril After the Intellectual Ventures Ruling

The end may be in sight for software patents—which have long been highly controversial in the tech industry—in the wake of a remarkable appeals court ruling that described such patents as a “deadweight loss on the nation’s economy” and a threat to the First Amendment’s free speech protections.

Read more at: http://fortune.com/2016/10/03/software-patents/




The Billion-Dollar Copyright Lawsuit That Could Legalize A New Kind Of Scam

If a court rules that photographer Carol Highsmith must pay to publish her own work, it sets a scary precedent for public-domain art.

Read more at: https://www.fastcompany.com/306



Corporate “Biopiracy” In Peru Threatens Indigenous Knowledge and “Intellectual Property Rights”

The production and consumption of natural Andean and Amazonian ancestral products in Peru is threatened by the “biopiracy” of foreign companies who have filed over 11,690 patents for the domestic produce of the region, effectively poaching the natural heritage of the country. The resources are said to be rich in nutrients and vitamins and range from those with anti-aging properties to those that act as natural aphrodisiacs.

Read more at: http://www.globalresearch.ca/c




Study: Intellectual property rights add value to economy

Do intellectual property rights such as patents, copyrights and trademarks promote or hinder economic growth? A review of the data continues to suggest that strong intellectual property law is helpful to a country’s economy.

Read more at: http://watchdog.org/277254/study-intellectual-proper

Read more

The end for legalization requirements of foreign public acts

The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents –– the Apostille Convention, for short, or yet the Apostille Treaty — came into force in Brazil on August 14, 2016. But the question is: What changes now?

The aim is to facilitate the use of public documents of a nation in other countries which are signatories of the Treaty, as well. For example, a document notarized in Brazil may be presented in the United States or Japan, provided it contains an apostille containing a seal or signature of the competent authority of the country of origin accompanied by a declaration of veracity of the information contained.

The main innovation brought by the Convention is precisely this apostille, which replaces the need for consular legalization of documents, a costly and time consuming process. Now, having a document apostilled will suffice.

In Brazil, the authority to handle this procedure is the NCJ (National Council of Justice). It is responsible for analyzing apostillation requests and registering in its database each new apostille. Consequently, an interested party who needs to check the authenticity of a public document issued in Brazil can simply search for that document’s apostille number in the NCJ’s database.

One must bear in mind that the Convention deals only with what it considers public documents, which it defines in its first article as: a) documents from the Public Prosecutor’s Office; b) administrative documents; c) notarial acts; d) official statements. The Convention does not apply to: i) documents drawn up by diplomatic or consular agents; ii) administrative documents directly related to commercial or customs operation.

The Apostille Convention of The Hague is an important innovation in the legal system –– not only in Brazil –– but worldwide. Moreover, it may be the first of a new generation of international conventions that will completely change the way of members of the international community relating to each other.

For more information, do not hesitate in contacting: diblasi@diblasi.com.br

Read more

UPCOMING EVENT: October 26-28, 2016 – BIO Latin America Conference 2016


BIO Latin America is the industry’s must-attend conference for innovation and collaboration in Latin America’s rapidly-growing biotechnology sector. This year’s conference will take place in São Paulo, from 26 to 28 October. Di Blasi, Parente & Associados is a sponsor.

On Friday, October 28, managing partner Gabriel Di Blasi will moderate the panel “Industrial Property in the Latin America Market”, in which panelists will discuss new industrial property laws in Latin America, and how these laws affect the growth of the industrial biotechnology sector in the region.

More information at https://www.bio.org/events/bio-latin-america-conference/


Read more

Our Offices