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Soccer players go to court against sticker albums

A success among children, teenagers, and adults who are passionate about football, the sticker albums have become the target of hundreds of lawsuits in recent years. The reason? Players claim compensation for moral damages for appearing on the cards without prior authorization.

On the one hand, publishers claim that publications have historical and informative value. On the other hand, the sportsmen claim that their image generates profit without having endorsed the initiative and without receiving any percentage. And the fight is far from being pacified, as there are favorable and unfavorable decisions for both parties, depending on who judges.

At the São Paulo Court of Justice, only in November, at least 20 lawsuits related to this were ruled. The discussion is not new and processes like these have always existed, not only about print magazines but also video games. However, these processes have become more and more frequent from 2019 onwards.

Sometimes, players get damages – which usually range between U$ 881 and U$ 1,763. In others, compensation is denied. The result is divergent depending on the understanding of the collegiate responsible for judging the demand.

Source: Metrópoles

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Cannabis for athletes can move more than US 162 million per year in Brazil

Last Tuesday, December 7th, Kaya Mind, a Brazilian consultancy specializing in the cannabis market, presented the newest study: “Cannabis and Sports”. The unprecedented survey sent first-hand to Cannabiz, indicates that the sports segment can generate business of more than US 162 million per year for medicines and herbal products. This amount, according to the company, would bring a collection of US 53 million in annual taxes for the public coffers.

Projections of this type in the world of cannabis are usually optimistic and take into account a series of factors that are not always confirmed, as they depend on regulation and acceptance by doctors, patients, and other consumers. Even so, the document points to yet another global trend and reinforces the potential of cannabis in an aspect still little explored in Brazil. In the rest of the world, the interest of athletes, amateurs and professionals, for the benefits of the plant, mainly its analgesic and anti-inflammatory effects have been growing. The evidence accumulated in research and clinical experiences even led the always rigorous world anti-doping agency (WADA) to remove cannabidiol (CBD) from the list of prohibited substances during competitions. At the Tokyo Olympic Games, held this year as a result of the pandemic, therapeutic cannabis was already released to alleviate pain and speed up the recovery of competitors.

The Kaya Mind report, which was released and made available for free on December 7th, used official sources that were based on research and internal metrics from the consultancy. To project the market size, 24 relevant sports in Brazil were selected and the three profiles of athletes with the greatest potential to use cannabis medicinally. In addition, 15 sociocultural, economic, and physiological factors of each of the modalities were considered for the analysis, which considered a projection of average consumption per person, treatment period, and the average value of the milligram of oils with CBD available in Brazil.

With these data, Kaya Mind projects that the consumption of plant derivatives among athletes of different levels (professionals, amateurs, and casual) has the potential to move US 162.8 million per year in the country, of which US 53.7 million would be collected annually in the form of taxes.

Source: Veja

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Anvisa approves 8th medicinal product based on ‘Cannabis’

On December 1st, Anvisa published the eighth health authorization for a cannabis-based product.

It is an oral solution under the name Cannabidiol Verdemed 23.75 mg/mL.

The product can be sold in pharmacies and drugstores from a medical prescription through a type B prescription (blue).

The product is manufactured in Colombia.

At the end of 2019, Anvisa authorized the sale of cannabis-based products in pharmacies, provided that the substrate or the entire product is imported. Marijuana cultivation remains prohibited.

Source: O Antagonista

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Mastercard requests trademark registration in Brazil and quotes cryptocurrencies

In recent days, Mastercard filed in Brazil a trademark application, which quotes cryptocurrencies in the specification of services.

The company processes payments in various ways on its network and held recently a closed press event to discuss the relationship with cryptocurrencies.

Along with Visa, Mastercard is one of the main flagship companies in the financial market.

At the end of last October, it is worth reminding that the company drew worldwide attention by claiming that it would process Bitcoin in its global payments network, which could reach millions of businesses. For this reason, it has a partnership with Bakkt.

What does Mastercard’s trademark application in Brazil mention about cryptocurrencies?

Mastercard International Incorporated has applied for its trademark registration in Brazil. The application was filed on October 27, and the application was recently published for opposition purposes within a 60-day term. Anyway, what draws attention to the request is that the company is willing to use its trademark in the Brazilian cryptocurrency market.

Among the services that Mastercard could provide are payments in cryptocurrencies, exchange (negotiation, purchase, and sale), and also the provision of financial information to the sector.

“cryptocurrency payment processing services; cryptocurrency exchange services with blockchain technology; providing financial information in the area of ​​cryptocurrency”.

It is worth reminding that Mastercard owns CipherTrace, a company that tracks cryptocurrencies, also acquired in 2021, which makes clear the giant’s plans for the sector.

In a recent conversation with the press, Walter Pimenta, Vice President of Mastercard in Latin America and the Caribbean, explained that the company already operates in the cryptocurrency sector in El Salvador, a country that made Bitcoin legal tender in recent months. In addition, he recalled that the company must support both cryptocurrencies, CBDCs, and private stable coins.

Mastercard movement happens days after Visa

It is worth reminding that Mastercard’s movement in Brazil is important to show that the company is already prepared to operate in the cryptocurrency sector, as well as its main competitor, Visa.

That’s because, on November 17, Visa also applied for registration to process cryptocurrency payments in the country, which is named as the largest Bitcoin market in Latin America.

In other words, the two main flags of the financial market arrive in the country, which may soon see solutions coming to trade, as is already done in other countries.

Source: LiveCoins

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Patent suggests Sony plans to release a PlayStation controller for smartphones

Sony Interactive Entertainment has filed a patent application that appears to be a PlayStation controller designed for mobile gaming.

The patent, which was published this week by the Japanese division of SIE, describes a system for playing on a device attached to two control handles. The controller, which resembles the PS4’s DualShock 4 rather than the latest PS5’s DualSense, is described as “a left-hand part and a right-hand part gripped by the user’s left and right hands.”

According to the patent, the device’s included designs omit “a user-bendable part of the shaft and detects the tilt direction and the amount of tilt of the shaft part”.

If such a device comes to fruition, it can be used in conjunction with a smartphone to play PlayStation titles via Remote Play or the cloud, for example. PlayStation controllers are already compatible with mobile devices via Bluetooth.

The patent comes amid a new push for mobile games by the PlayStation maker. In October, SIE named former Apple Arcade content chief Nicola Sebastiani to lead the company’s mobile operations after job announcements that it was opening a new business unit to adapt its “most popular franchises” to cell phones.

It was recently confirmed that WipEout Rush will be released for mobile phones in 2022.

Source: PSBR

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Trademark applications increased in 2020 despite the pandemic

World Intellectual Property Organization (WIPO) has just released its annual balance sheet, which reveals new trademark registrations raised nearly 14% and patent applications raised 1.6%.

According to WIPO, entrepreneurship has remained “vibrant” despite the challenges of the global economy, with new products and services being created in response to the pandemic.

China led in new patent applications, with nearly half of the world’s 3.2 million applications.

Trademark applications raised 13.7% last year, even with the COVID-19 pandemic, informs the World Intellectual Property Organization (WIPO). The entity has just released its annual balance, noting that patent registrations raised 1.6% and industrial design raised 2% in 2020, compared to the previous year.

Entrepreneurs innovated

According to WIPO, entrepreneurship has remained “vibrant”, despite the challenges of the global economy, with new products and services being created in response to the pandemic.

The UN agency highlights that innovative professionals, designers, and brands are increasingly relying on intellectual property to expand their business and seek new forms of growth.

China in the lead

WIPO Director General Daren Tang also said that this is a “strong sign of innovation in the business sector, with companies introducing new products and services and finding opportunities to reach consumers, opening up new markets and presenting new ideas to the world.”

In 2020, China alone registered 1.5 million patent applications, nearly half of the 3.2 million applications worldwide.

WIPO also calculates that nearly 13.5 million trademark applications have been filed, with the highest number of applications being filed in China, Iran, the European Union, and India.

WIPO’s director-general said the report “confirms that even with one of the biggest economic downturns in decades, intellectual property registration applications have shown remarkable resilience during the pandemic.”

Source: UN

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A fight between Estrela and Hasbro predicts the destruction of Banco Imobiliário and other toys

The two companies have been partners since the 1970s, when Hasbro settled an agreement with Estrela for the Brazilian company to launch its products in Brazil, with adaptations to the local market. Thus, The Game of Life became Jogo da Vida, Simon became Genius, GI Joe was renamed, first Falcon and then Comandos em Ação. The same happened with several other adapted products.

In 2007, Estrela reportedly stopped paying royalties to Hasbro. The American, in turn, decided to set foot in Brazil at the same time and brought in a commercial representation.

Today, Hasbro faces an unusual situation, competing with itself in the country: its Monopoly, created in 1935, for example, disputes space with Banco Imobiliário, launched by Estrela in Brazil in 1944. Brands that, according to the court, belong to Hasbro, while Estrela claims to be hers because they were adapted and present differences in relation to the original product.

Sought, the companies declined to comment. Estrela only stated, through its press office, that it will appeal. However, according to people heard by the report, there is an interpretation that she would need to comply with the sentence, even if she decides to take the case to higher courts.

Under the agreement signed with Hasbro, Estrela should register the brands it created for the products with the BPTO (Brazilian Patent Office) and, at the end of the contract, transfer the rights to the partner. The last contract signed between them is for 2003, being extended based on amendments. In 2007, Estrela would have stopped paying royalties for the use of the brands, but continued to produce and sell the products.

In the Court of Justice of São Paulo ruling, Hasbro’s defense says that Estrela was in bad faith since the company would have transferred the brands to Brinquemolde, of which it is the main shareholder. It would be a way to defraud the performance of the contract and prevent Hasbro from receiving royalties.

Estrela, in turn, defends that it owns the brands it developed and that the contract was unilaterally terminated by Hasbro.

If the Court of Justice of São Paulo‘s decision to collect and destroy the toys is in fact extended to retailers, it will take the sector by surprise as it prepares for two of the best-selling moments, Black Friday (on the 26th) and Christmas.

Source: Folha de São Paulo

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Brazilian team Flamengo demands compensation from ‘Uruburguer’ for improperly using the club’s brands

“Uruburguer”, a sandwich delivery store in honor of Flamengo, received a warning letter from the club on November 8th. The team claims to be harmed by the use of names like Flamengo, Mengão, and Urubu without proper authorization.

According to journalist Mauro Cezar, the club demands compensation from a couple of fans who created the hamburger shop. Uruburger went viral on social media in recent months by the creative names of the snacks, all referring to the team.

“Our store was closed and we still have to pay compensation. How? If we’re not even able to work?”, the owner, Allex Martins, wrote on social networks.

“In the same way, in addition to using these brands, the company has been adopting a strategy of showing advertisements allusive to the Club, images of its athletes and official games, excerpts from hymns and fans’ chants, references to the years of the conquest of titles and historical events, news related to the Club, and other elements, all in an unauthorized manner, and with the clear intention of taking advantage of the enormous fame of the Notifier, aiming at attracting customers and consumers to its commercial enterprise”, says an excerpt of the notification.

According to ESPN, the store was baned from the main delivery app about a week ago, and the couple lost their source of livelihood. Allex and Roberta decided to open the hamburger in the face of the economic crisis caused by the pandemic.

“The dream turned into a nightmare,” said Allex on Instagram.

The store received around 70 weekly orders, and the numbers doubled on Flamengo match days.

Source: Extra

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BPTO and JPO formalize PPH renewal

The president of BPTO, Cláudio Furtado, and the president of the Japanese Patent Office (JPO), Mori Kiyoshi, signed on November 9, the Memorandum of Cooperation for the renewal of the Patent Prosecution Highway (PPH) between Brazil and Japan. Through the PPH, Brazilians can use the result of the examination of the patent application at the BPTO to speed up the analysis in Japan and vice versa.

The new PPH will start on December 1, 2021, and last for five years. According to the PPH requirements, which are unified for all countries with that the BPTO has such agreements, up to 600 applications per year can be accepted, in any technical field. In the PPH with Japan (until 07/11/21), 309 requests were made, and 236 had a technical decision. The average time between application and decision was 316 days.

Source: BPTO News

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A Brazilian project obtained a patent for a sunscreen based on wild passion fruit leaf

Researchers at the UFBA (Federal University of Bahia) discovered in the wild passion fruit leaf – Passiflora cincinnata, a common plant species in the semiarid region of Bahia – powerful protection properties against the action of the sun’s rays. From the plant, they developed a sunscreen, obtaining another patent for the invention – the tenth – for the University, granted by the Brazilian Patent Office (BPTO).

The creation of the product began with the master’s thesis by Danilo Menezes Oliveira, carried out at the Graduate Program in Biosciences at UFBA.

In studies carried out at the IMS Laboratory of Pharmacotechnics and Cosmetic Technology, the potential of the extract of wild passion fruit leaf for protection against ultraviolet A and B radiation was verified. This protection is important to avoid the harmful effects of skin exposure to the sun, such as premature aging and the risks of skin cancer.

He explains that, in addition to the plant extract, a series of other substances such as moisturizers and antioxidants can be added to the final version of the sunscreen through nanotechnology, which allows the manipulation of matter on a nanometric scale (on the order of a billionth of a meter) and favors the targeted delivery of substances that perform specific functions. Likewise, different sunscreens can be added to the formula to determine the protection factor offered in the final product.

Source: Agencia Sertão