Arquivos do Mês: August 2023

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A bill pending in Congress provides that ChatGPT and other chatbots must remunerate content authors.

Discussions about possible copyright violations by ChatGPT also take place in Brazil. A bill pending in Congress provides that artificial intelligence chatbots are required to indemnify content authors.

The bill was authored by deputy Jandira Feghali (PC do B-RJ), and the rapporteur added the section that allows for such punishments, deputy Elmar Nascimento (União Brasil-BA), in his last opinion. The proposal includes in the text of the Civil Rights Framework for the Internet the category of “digital platforms for third-party content,” which provides for “artificial intelligence” services.

The project still needs to be approved by the Legislature and must change. The vote in the Chamber of Deputies may take place in the coming days, but the text is under pressure from the big techs, according to a report by Folha de São Paulo.

ChatGPT: Legislation is unclear

• For the digital law and data protection lawyer at the Medina Guimarães office, Micaela Ribeiro, including artificial intelligence in the discussion is an “advance, albeit minimal.”
• According to Diogenes Mizumukai, also from the area of digital law and founding partner of the BFMK office, the law is essential because “it includes artificial intelligence, specifically inserted as a digital platform, as a means of propagating authorial works.”
  However, the problem pointed out by both is that there is still a legal vacuum on the ownership of the copyright of what AI produces.
• Some argue that the creator of artificial intelligence should be considered the author.
• Others argue that this position must be shared between the work’s creator and the tool.
• “[The proposal] brings the prerogative of the copyright holder so that he can request remuneration if the artificial intelligence platform somehow indexes his work,” understands Mizumukai.
• Marcela Ribeiro states that “compensation is something that should be discussed, but not just with a mention in a paragraph, without saying how, or for whom. The project says it must be done but does not show how”.

Compensation for journalistic content

• Bill 2370 also wants to oblige broadcasters and streaming platforms to new copyright payments for singers, actors, and audiovisual works.
• And it even provides for the remuneration of journalistic content by big techs.
• “Care is taken to prevent big techs from benefiting economically from the high investment made by third parties for the production of content, offering meager remuneration in return, given the high concentration of the internet market,” says the text.

Source: Olhar Digital

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The Hague Agreement on the International Registration of Industrial Designs entered force last Thursday (3/8). It is a system that allows the possibility of protection in up to 96 signatory countries with an initial request made in a single language.

The agreement simplifies and reduces bureaucracy in the international protection of industrial designs. The Brazilian furniture, footwear, and clothing industries, among others, will have more legal security to export their products to member countries without being unduly copied.

The registration of industrial design protects the ornamental aspects of industrial products, both in form and in prints and applied patterns. The agreement allows reducing costs and simplifying the procedures necessary for registering products with our own design abroad. The system also encourages the attraction of foreign investment by protecting works by non-residents in the country, a rule that favors registrations made by Brazilians abroad.

Before the agreement’s entry into force, in the case of exports, users had to file the request directly with the Intellectual Property offices of each country where they intended to sell the products, pay fees and present the documents in the respective languages.

With the agreement, when requesting the BPTO, the interested party informs that the registration must be made according to the terms of the Hague Agreement without the need for immediate translation into all the languages of the other countries. Then, it must notify the World Intellectual Property Organization (WIPO) in which countries it wants to protect industrial design. In the next step, WIPO will be responsible for sending the documentation to the countries listed by the applicant.

The change in procedures makes starting and administering the registration process more accessible. However, each country must examine the application and charge fees for this service. The standardization of procedures makes the steps more agile and simplified.

“The agreement will provide a ‘single window’ for protecting industrial designs,” says Andrea Macera, secretary of Competitiveness and Regulatory Policies at the Ministry of Development, Industry, Commerce and Services.

Concluded in 1999 in Geneva, Switzerland, the Hague Agreement had Brazil’s accession approved by Congress in October 2022.

Source: MDCI

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Good news for entrepreneurs who want to protect and market their products with a distinctive design abroad.

With the entry into force of the Hague Agreement this Tuesday, August 1, 2023, the system that allows the registration of up to 100 industrial designs in up to 96 countries (including Brazil itself) is already operating in Brazil through a single international application. In this way, reducing costs and simplifying procedures for national companies will be possible.

Approved by the Chamber of Deputies and the Federal Senate in 2022, Brazilian adherence to the Hague System was formalized this year with the World Intellectual Property Organization (WIPO), allowing its entry into force in August.

Operated by WIPO, which will receive international applications for industrial design, the Hague System will also contribute to attracting foreign investment in the country, as it will facilitate the protection of industrial designs by non-residents of the national territory.

Upon filing, applications will be forwarded by WIPO for review to the national IP authority in each country. In the case of Brazil, the Brazilian Patent Office (BPTO) will be responsible.

To provide for the registration of industrial designs within the scope of the Hague Agreement, the BPTO published Ordinance INPI/PR No. 25 of July 3, 2023, which can be accessed on the Industrial Design Legislation page on the Institute’s portal.

To subsidize the regulation, the Institute conducted a public consultation between April and May of this year, whose responses are also available on the portal.

What is an industrial design registration?

The registration of industrial design protects the ornamental aspects of an object that can be reproduced industrially – both its three-dimensional form and two-dimensional aspects, such as applied prints and patterns.

Interested parties can request this registration if they have created, for example, the new plastic form of a watch, toy, vehicle, packaging, footwear, or even a fabric print’s line and color pattern.

Source: BPTO