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Patent Applications: New Strategy for Faster Processes in Brazil

Leia em português aqui.

The Brazilian Patent Office (BPTO) has made a significant announcement that promises to transform the patent process in the country. Starting January 1, 2024, BPTO will implement a new methodology for the distribution and technical analysis of patent applications, prioritizing the date of the examination request instead of the initial filing date. This change primarily aims to expedite the patent decision-making process, encouraging applicants to advance their requests for technical analysis.

According to Article 33 of the Brazilian Industrial Property Law, patent applicants must submit an examination request within 36 months from the filing date. However, it has been observed that this rule impedes accelerating decision-making processes in Brazilian territory and conforming to international patent standards. This is mainly due to the trend among applicants to submit their examination requests only close to the end of this deadline.

It is worth noting that BPTO allows voluntary amendments to patent applications only before the formal examination request. This policy has led to a common practice among applicants of waiting until the end of the 36 months to make the examination request, allowing for final adjustments to the patent documents.

With BPTO’s new decision, which establishes the date of the examination request as the criterion for the order of analysis, a substantial change in the dynamics of processing patent applications is expected. This may lead applicants to rethink their strategies, especially regarding the submission of amendments, encouraging them to advance their examination requests.

Our team is closely monitoring the consequences of this change and is ready to discuss optimized strategies and provide additional clarifications as necessary. For more information or to discuss the impact of this change on your specific case, we are available at patents@tavaresoffice.com.br.

Lei europeia que regula a inteligência artificial pode acelerar discussão no Brasil
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European law regulating artificial intelligence could accelerate the discussion in Brazil

Leia em português aqui.

After extensive negotiations, the European Union reached a historic agreement to regulate artificial intelligence (AI), a milestone on the global technological scene. European Commissioner Thierry Breton, responsible for a series of laws on the continent, including those governing social media and search engines, announced the agreement, highlighting its historic character. This pact puts the European Union ahead of the United States and Brazil in the race to regulate AI and protect the public from risks associated with the technology.

Establishing rules to control the use of programs of this type is complex. AI has been incorporated into science, the financial system, security, health, education, advertising, and entertainment, most of the time without the user realizing it. Regulation in any country that proposes it must balance reducing the risks of misuse, avoiding discrimination against minority groups, and guaranteeing privacy and transparency for users.

Through Secretary of State for AI Carme Artigas, Spain played a tie-breaking role in the negotiations, with support from France and Germany, despite concerns from technology companies in those countries about lighter regulations to foster innovation.

An essential aspect of the agreement is the ban on real-time surveillance and biometric technologies, including emotional recognition, with specific exceptions. These technologies can only be used by the police in exceptional situations, such as terrorist threats, searching for victims, or investigating severe crimes.

The agreement is based on a risk classification system, where the strictest regulation applies to machines that pose the most significant risk to health, safety, and human rights. This new definition directly impacts models such as GPT-4 from OpenAI, which would be included in the highest-risk category.

The agreement also imposes significant obligations on AI services, including ground rules on disclosing data used to train machines. The European Parliament and the Commission have sought to ensure that the development of AI in Europe occurs human-centered, respecting fundamental rights and human values.

Brazil’s regulatory framework

Brazil was one of the pioneers in proposing the regulation of artificial intelligence. The Chamber of Deputies began discussing law in February 2020, even before ChatGPT shed light on the power of technology and the European Union started its internal debate. However, the country has failed to pass the legislation so far.

The discussions evolved with the intervention of a commission of jurists, which reformulated the original 2020 project. The Senate is deliberating on a new proposal, reported by Senator Eduardo Gomes (PL-TO).

However, the dynamism of innovation in artificial intelligence poses clear challenges to Brazilian legislators. Technological acceleration highlights the need for constant updates to legislation, and there is even room for an imaginative process of what could happen in a few years. Lawmakers need to consider that AI has opened a field of exponential evolution different from what was experienced with Moore’s Law. This concept establishes that the processing power of computers doubles every 18 months.

The proposal seeks a normative approach, establishing guidelines for various AI applications, from credit scoring to facial recognition in public security, the latter with a ban.

From a global perspective, Taiwan, starting its discussions in 2019, has not yet consolidated a regulatory framework. The island, home to TSMC, a world leader in the production of chips and semiconductors and a supplier to Nvidia, opted for laws to encourage technological development, exempting AI companies from specific regulations and taxes.

China is the only country with a regulatory framework on AI, implemented by its internet regulatory body and not via legislation. Based on studies by the Cyberspace Administration of China, its rules focus on AI platforms’ morality, ethics, transparency, and responsibility.

Countries like Chile, Colombia, Costa Rica, Israel, Mexico, Panama, the Philippines, and Thailand are also developing regulations.

The discussion about federal AI legislation in the United States is not yet a reality, with responsibility being delegated to the states. President Joe Biden brought together AI industry leaders in July to discuss technological security and reliability.

Globally, 21 countries have already implemented specific laws for AI, emphasizing Chile in combating AI fraud, Sweden in autonomous cars, and Spain against discriminatory bias. Additionally, 13 countries have jurisprudence related to AI, covering everything from copyright to privacy. Despite being a pioneer in the discussion, Brazil is still not among these nations.

Source: Exame

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Security, practicality and new layers of interaction: the potential of blockchain

Clique aqui para ler esta notícia em português.

One of the aspects that begets more hatred in discussions about blockchain is its high adaptability to different purposes and situations, which can be implemented in any economic sector. Furthermore, the possibility of interoperability is a relevant factor.

This concept refers to the ability of different systems, devices, or components to integrate, interact, and work together efficiently and effectively.

This way, you now have at your disposal a malleable technology, which operates as a digital “ledger” capable of storing any transactions and records in an immutable way and visible to everyone.

The events sector and its great enemy

One of the most cited examples of tokenization and its use cases is the events and ticketing sector. This segment, representing 3.8% of Brazilian GDP, has experienced notable growth, US$59.3 billion.

However, proportional to its growth, cases of scams and fraud are emerging, along with increased purchasing bots intended for resale. Measures against currency exchange, despite existing, prove to be inefficient and result in double losses, both for customers and for producers, organizers, and artists.

A problem that is not only solved with blockchain but also brings with it new ranges of possibilities.

Security, practicality, and new layers of interaction

When transforming a ticket into an NFT or digital collectible, the magic of interoperability happens, simultaneously allowing countless benefits and actions. Starting with the unique registration of the visa issued, which cannot be duplicated, guaranteeing its security and legitimacy.

Decentralization grants the buyer absolute ownership of this item, which becomes an asset capable of resale in a safe secondary market. Mediated by the organizer, this market can also allow the collection of royalties, opening up the possibility of a new source of income for artists.

Due to its transparent registration, verifying and monitoring this user becomes possible, allowing more effective monitoring and access to more comprehensive data on the entire consumer journey and their preferences, which can serve as valuable material in optimizing experiences.

This ticket becomes not just a token but also a true collectible, enabling the development of unique and commemorative art. This rescues the memorabilia element, previously present in physical tickets, but, unlike these, it does not deteriorate or get lost.

This element also allows extensive customization, offering exclusive content, benefits, and promotions to specific holders, expanding the layers of interaction, and constructing an entire community around the platform, artists, and these mechanics.

All of this happens in a context that is culturally accessed by an audience that is naturally engaged and interested in collecting and being impacted by experiences related to the events of which they are fans.

With examples from all over the world, the largest is from Brazil

Getting off the ground, countless events worldwide have already experimented with and benefited from ticket tokenization. Renowned festivals, such as the Coachella Festival Formula 1 in Monaco, and specific artists, such as Milton Nascimento’s farewell tour and Avenged Sevenfold’s exclusive access club, are some examples of events that used blockchain to develop unique experiences.

Large platforms, including Ticketmaster, have taken the first steps in adoption, carrying out test ticket issuances using NFTs.

In Brazil, the first central platform to enter this market is Sympla, which is starting its plans by tokenizing its tickets. Initially, the focus is on improving security and the possibility of resale, emphasizing user experience.

With 15 million users and 44 million tickets sold registered last year, this adoption and its possibilities will represent the most significant use case of ticket tokenization in the world, solidifying Brazil as one of the exponents of this technology.