Week´s news headlines – Sep. 23h 2016

Brain Drain? How Brexit may affect intellectual property rights in Europe

The U.K.’s vote to leave the European Union (EU), now referred to as Brexit, will have a significant impact on intellectual property laws in the U.K. and thereby affect U.S. companies doing business there and throughout the EU. Theresa May, who replaced D avid Cameron as the U.K.’s prime minister in July, will make it her priority to administer the U.K.’s exit from the European Union. As she stated: “Brexit means Brexit … there will be no attempts to remain inside the EU. No attempts to rejoin it by the back door. No second referendum. The country voted to leave the European Union, and as prime minister, I will make sure we leave the European Union.”

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



Ugg Boots Files $100 Million Lawsuits Against Target, J.C. Penney

On the heels of a recent resurgence of its ugly-yet-very popular during the early 2000’s boots, Ugg Australia’s parent company, Deckers Outdoor Corporation, has filed a number of multi-million dollar patent infringement lawsuits against retailers offering “substantially similar” boots. Named in the individual lawsuits: J.C. Penney, Target, and Gina Shoes (the entity tasked with manufacturing and marketing footwear for Rampage, RocaWear, and Nicole Miller), among others.

Saiba mais em: http://www.thefashionlaw.com/hom



To hyperlink or not? Posting a hyperlink can infringe copyrights

On 8 September, the Court of Justice (“CJEU”) in the GS Media BV v. Sanoma Media a.o. case (C-160-15), within the framework of a preliminary ruling requested by the Supreme Court of the Netherlands, held that GS Media, by posting hyperlinks that give access to copyright-protected work which is freely accessible on another website without the consent of the right holder, and knowing that the hyperlinks were published without the consent of the right holder, made a communication to the public in the sense of article 3(1) of the Information Society Directive 2001/29/EC.

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



Trade Secrets in the Spotlight Again: the EU Directive

May 2016 was a banner month for trade secret protection around the world. On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into US law, creating a new Federal cause of action for misappropriation of trade secrets. And on May 26, 2016, the European Council formally adopted the “Directive on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure” (“the EU Directive” or “the Directive”), requiring the EU member states to provide certain minimum protections for trade secrets.

Read more at: http://www.jdsupra.com/legalnews/trade-secrets-i

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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

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