MÍDIA

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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.

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“Carne de Onça” (Jaguar Meat), one of the symbols of Curitiba (one of the Brazilian cities), is expanding its borders.

The recipe is simple, but the flavor is unmatched. Cornbread with lean ground beef, white onion, and finely chopped green onion, seasoned with extra virgin olive oil, salt, and black pepper. From bar patrons to the most refined restaurants, people from all over the world want to taste the famous Carne de Onça when they come to Curitiba.

But now, in addition to being famous in the capital of Paraná, the delicacy already has international relevance, as it recently entered the ranking of the ten best raw meat dishes in the world.

Because it is famous and is part of the culture and history of Curitiba, Carne de Onça – which is already considered the Intangible Cultural Heritage of Curitiba – had a application for recognition of Geographical Indication (GI) filed with the Brazilian Patent Office (BPTO), in the Indication of Origin modality.

The search for recognition became notorious due to the location’s importance in producing this specific product, valuing its traditions, history, and culture.

More than 200 restaurants in Curitiba offer “Carne de Onça” on the menu.

History of Jaguar Meat

According to history, in the 1940s, Ronaldo Abrão – “Ligeirinho”, owner of Ligeirinho’s Bar in the center of Curitiba – was part of the Britânia football team (ten-time champion at the time), whose director, Cristiano Schmidt, was also the owner of a bar in Marechal Deodoro, called “Buraco do Tatu.” During Britânia’s heyday as a winning team, to celebrate their achievements, Schmidt prepared a peculiar mixture as a prize (football was practically amateur): raw meat on slices of cornbread, served to the players.

On a particular day, the goalkeeper of the Britânia team, known as “Duaia”, expressed his discontent: “Wow, Schmidt, you only serve this meat, which even jaguars don’t eat!” This is how the name “Carne de Onça” came about.

But some say that the name is due to bad breath (in Portuguese we have the expression “bafo de onça”, literally translated it would be jaguar’s breath) the onion left on people.

Another trend directed the creation of the snack to Leonardo Werzbitzki, “Onha”, who served the specialty in his restaurant in the 1950s. But his was more elaborate, containing egg yolks and other ingredients.

Source: CBN

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It was recently reported that YouTube will warn you when a video contains AI-generated content. Still, the platform wants to go further and announced that it will ban deepfakes that improperly impersonate real people and musicians.

The new turn against content produced by artificial intelligence is due to unprecedented sets of guidelines related to copyright and extra rules applied to other categories.

Labels on videos

One of the new requirements made by YouTube requires content creators to signal the use of AI or similar tools in their materials so that viewers are not misled into believing that the content is authentic.

According to the platform, anyone who does not comply with the new guideline will be subject to having their video removed, demonetized, or even banned from the Partnership Program, in addition to other forms of punishment.

To make it clear to the viewer, the video will present a label signaling that the content is produced by artificial intelligence. Depending on the degree of sensitivity of the content, this same label will be even more prominent in the interface — reinforcing the use of AI tools. Despite the warnings, there is no guarantee that the video will be free from removal if it violates the platform’s rules.

Siege against deepfakes

YouTube also reinforced the fight against deepfakes that improperly simulate a person’s face, voice, and other identifiable characteristics. Punishment may be applied through deletion requests made by users.

However, the social network guarantees that not all material will be subject to removal, as, in some instances, it may be that certain content is a parody, for example, and does not present any violation of the video service’s rules.

In the music segment, YouTube announced that it wants to implement a feature that allows music partners to request the removal of videos generated by artificial intelligence that imitate an artist’s voice or song without authorization.

This new reporting category will be exclusive to record labels and distributors of artists enrolled in YouTube’s AI music testing program. Still, it will be enabled for other companies in the segment in the future.

Source: CanalTech

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On October 13, 2023, the headquarters of Starbucks Corp. in Seattle, in the United States, sent a document to the trademark’s operator in Brazil that was decisive for the Brazilian company’s request for judicial recovery submitted to the Court on Tuesday (31).

The most famous coffee shop in the world delivered, on that date, the “Notice of Termination of Licensing Agreements.”

Without receiving royalties for using the trademark in Brazil, the multinational announced the termination of the contract that allowed SouthRock Capital to explore the Starbucks brand in Brazil. The end of the agreement took effect immediately.

Two contracts were suspended. One licensing the trademark in Brazil, and another granted SouthRock Capital the right to be the master Starbucks licensee in the country – that is, the operator of the stores. The information is contained in the documentation submitted by SouthRock in the request for judicial recovery.

This decision by headquarters accelerated the urgency of the request for judicial recovery.

SouthRock’s lawyers argue that these contracts “are essential to maintaining the applicants’ activities and, consequently, enabling the restructuring of their liabilities.”

“The exploration and operation of Starbucks stores/cafeterias on the national scene – not only is it essential to the activities of the applicants as already mentioned, but it also consists of one of their greatest assets,” they mention in the document delivered to the São Paulo Court.

The company also argues that SouthRock had adopted, before the end of the contract, “operational and financial measures aimed at restructuring its operations to equalize its economic situation.” And that the Brazilian company was negotiating with the multinational to try to renegotiate the contracts, including some additions already signed.

The objective was that “payment conditions reflect your current financial capacity.”

Currently, the gross revenue of the Starbucks trademark in Brazil exceeds U$10 million per month.

To CNN, SouthRock said it “continues to operate the Starbucks trademark in Brazil” and is “committed to working closely with its commercial partners to develop the trademarks in its portfolio in Brazil.” In a note to CNN, the company says that “alignments on licenses are part of the judicial recovery process and are carried out directly with these partners.”

In the request for judicial recovery, however, the company says that “the notification of termination (of licensing) was received by the applicants with absolute surprise since the relationship and negotiations maintained between the parties until then had never indicated that there would be the possibility of immediate termination of the Starbucks License Agreements.”

Source: CNN

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Spotify may change the way it pays artists from 2024 onwards. It appears that the company plans to change its royalty model for next year, disqualifying certain audio tracks — such as low-range streaming and non-musical noise — and increasing penalties against studios that commit fraud.

The platform did not confirm these possible changes, but sources consulted by Billboard point to imminent changes in the remuneration of singers and other accounts. Spotify may discuss this idea with major US record labels, including Universal Music Group, Sony Music Entertainment, and Warner Music Group.

For 2024, three significant changes are expected in the way creators are paid:

• Limit of minimum annual flows that a track must meet before starting to generate royalties.
• Fines for distributors and record labels when fraudulent activities are identified.
• Minimum playback time for white noise tracks, sounds of rain, birds, and other similar audio to start earning royalties.

To achieve these objectives, Spotify must sign new agreements with record labels and distributors so that the change in the way music royalties are paid is approved by everyone. In response to Billboard, a company spokesperson commented on these speculations, noting that:

“We are always evaluating how we can better serve artists and regularly discuss ways to promote the integrity of the platform with partners. We have no news to share at this time.” The statement does not provide details about the company’s plans but points to an open discussion with affiliates.

Source: Tudocelular

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The Finnish Nokia is suing Amazon and HP over the unauthorized use of a mix of video streaming-related essential patents. Nokia filed a lawsuit in a Delaware federal court and similar lawsuits across Germany, India, the UK, and the European Unified Patent Court.

The lawsuits, filed in the U.S. District Court for the District of Delaware, allege that Amazon’s Prime Video and Twitch streaming services, as well as its Fire TV devices, infringe Nokia’s patents related to video streaming technology. Nokia is seeking injunctions to stop the alleged infringement, as well as damages.

Nokia claims that Amazon has refused to license its patents despite being offered fair terms. The company says that it has invested heavily in video streaming technology and that the alleged infringement is harming its business.

In a statement, Nokia said: “We are taking this action to protect our intellectual property and to ensure that our investments in research and development are rewarded. We believe that Amazon’s use of our patented inventions is unlawful, and we are committed to defending our rights.”

Amazon has not yet commented on the lawsuits.

Source: Nokia

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The 2023-2025 Action Plan of the National Intellectual Property Strategy (ENPI) was launched on Tuesday (10/24), with publication in the Official Gazette of the Union (DOU), which aims to ensure progress towards an effective and balanced intellectual property system, which leverages Brazil’s competitiveness and economic and social development.

The plan, prepared by the Interministerial Intellectual Property Group (GIPI), brings together 63 actions and 161 deliveries across seven areas of activity. Among them, measures to promote administrative efficiency allowed the establishment of a new target for decision time on patent applications, which will increase from 6.9 years (reference of December 2022) to 3 years by July 2025. The target is intermediate since the INPI has planned complementary actions that will allow the target to be reduced to 2 years in 2026, as already announced by the vice-president and minister of Development, Industry, Commerce and Services (MDIC), Geraldo Alckmin.

Furthermore, the plan is designed to increase Brazil’s position from 6th to 3rd in the ranking of countries in terms of several trademark registrations and from 12th to 11th position among countries in several industrial design filings. Finally, there is also a target to increase the number of innovation projects benefiting from mentoring and training in intellectual property from 227 to 450.

“The main challenge for the Plan is to maintain a concerted and strategic action between the different actors operating in the IP system, aiming to achieve more effective results with greater impact on society,” says the Secretary of Competitiveness and Regulatory Policy at MDIC, Andrea Macera. “161 deliveries were planned, involving 18 government bodies and 11 civil society institutions. Now our challenge is to coordinate GIPI participants for the implementation and deliveries of all ecosystem actors within ENPI”, adds the Secretary coordinator of the group.

She highlights that one of the plan’s objectives is to bridge the gap between development and intellectual property, aiming for the practical application of patents by the industrial sector, for example, with technology transfer. “More than half of national patent filings come from universities and do not necessarily translate into technology transfer to industry,” explained Macera.

Actions: The actions foreseen in the Action Plan are aligned with the priorities of the government’s agenda, especially the missions defined by the National Council for Industrial Development (CNDI).

There are governance, educational, mentoring, training initiatives, regulatory updates, structure qualification, and process simplification, among others.

For using IP as a sustainable development tool, for example, deliveries such as matchmaking in green technologies and training in the Amazon region are planned to generate income from IP assets, such as geographical indications and collective brands. Actions will also be carried out to promote the diversity of users of the national IP system with mentoring on the topic in training programs for women entrepreneurs, such as Elas Exportam (They Export) and Empreendedoras Tech (Tech Entrepreneurs).

Some educational initiatives will aim to disseminate the culture of Brazilian intellectual property to audiences of different levels of education. This is the case of the PI nas Escolas (IP in school) program, which rewards public school teachers who bring IP knowledge to students. Higher and technical education proposals will be discussed in a specialized group within the scope of GIPI.

By encouraging teaching about Intellectual Property, Brazil advances towards experiences adopted by other countries. In South Korea, for example, children have been discussing the issue since elementary school. In the United States, this practice takes place in high school. In many cases, the subject is mandatory in undergraduate courses.

The plan creates an IP intelligence nucleus that will produce, every semester, a study that contributes to identifying technological capabilities and trends. The first selected study will focus on biopharmaceutical patents to analyze freedom of operation in the country and support policy decision-making in the Health Economic and Industrial Complex (CEIS).

It is also planned to include IP criteria and content in funding notices supported by bodies such as the National Bank for Economic and Social Development (BNDES), the Financier of Studies and Projects (Finep), and the Coordination for the Improvement of Higher Education Personnel (Capes). In this case, the objective is to protect innovations from research and development with public resources.

To build the action plan, GIPI incorporated suggestions from civil society in a public grant-making process finalized in May. Altogether, the measures collected encourage creativity, investments in innovation, and access to knowledge for greater competitiveness and economic and social development in Brazil. The goals set by the plan also support projects developed by Science and Technology Institutions (ICTs) and Technological Innovation Centers (NITs).

Source: MDIC

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The president of Congress, Senator Rodrigo Pacheco (PSD-MG), promulgated a Legislative Decree containing an agreement between Mercosur countries (Brazil, Argentina, Paraguay, and Uruguay) to protect original geographical indications. The text was published in the Official Gazette of the Union this Monday (16).

The legislative decree corresponds to the approval of the National Congress to the text signed by the Brazilian government. To enter into force, the agreement, approved by the Chamber of Deputies and the Senate in May this year (PDL 165/22), still needs presidential ratification, carried out by decree.

According to the agreement, signed in 2019, the countries undertake to mutually respect the geographical indications contained in a resolution approved by the Common Market Group (GMC), the central executive body of Mercosur.

Geographical indication (or GI) is a registration given to traditional products or services characteristic of the place of origin. Examples are Canastra cheese and grapes typical of a region. The GI is a private right for collective use, restricted to producers or service providers who receive the brand.

Source: Agência Câmara de Notícias

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Brazil is one step away from becoming a signatory to the Budapest Treaty, which could represent a step forward for the country, which seeks to position itself strategically in the socio-bioeconomy segment.

This essay highlights the Treaty approval process, its importance, and the involvement of the Brazilian Network of Biological Resource Centers.

One of the conditions for granting a patent is the complete description of the invention in the application specification to enable a person skilled in the art to reproduce the invention.

In the case of biotechnological inventions, the biological material that is essential for the invention must be deposited in an international depositary authority (IDA); this material is understood as a necessary informational supplement to the descriptive report of the patent application (Art. 24 § 1 of LPI 9,279/96). These institutions must ensure the reception and conservation of microorganisms and the sending of samples.

The Budapest Treaty’s Significance

The Budapest Treaty, created in 1977 within the scope of the World Intellectual Property Organization – WIPO, establishes the recognition of the deposit of microorganisms for patent purposes in any IDA located only in countries that sign the treaty. It has been in force since 1977 and currently has 89 signatory countries.

Composed of 20 articles, the Budapest Treaty sets out the rules for the deposit of microorganisms to apply for and grant a patent, in which all signatory countries are obliged to recognize the microorganisms deposited as part of the patent-obtaining procedure.

A single deposit in an IDA is valid for all signatory countries to the Treaty, regardless of this IDA being located inside or outside the territory where the patent application is being filed. The Treaty also defines the characteristics of these institutions (IDAs) and the criteria for acquiring this status with WIPO, in addition to guaranteeing access to biological material deposited with IDAs by any interested parties once the confidentiality period of the patent application has ended.

Brazil’s Role in the Treaty

At the same time, this discussion was taken to the scope of the project for the establishment of the Brazilian Network of Biological Resource Centers – Rede CRB-Br, in which BPTO participated together with Fiocruz, Embrapa, Unicamp, Banco de Células do Rio de January -BCRJ, Inmetro, Environmental Information Reference Center (CRIA), Brazilian Society of Microbiology – SBM and TecPar (which was later replaced by Bioqualis), with the support from MCTI. In this context, the construction project of the Brazilian Center for Biological Material (CBMB) emerged, one of whose objectives was to receive biological material for patent purposes, and which construction began through a partnership between BPTO and Inmetro on the Inmetro campus in Xerém.

Policy Developments

In parallel, in 2007, the National Policy for the Development of Biotechnology – PDB, established by decree 6,041, proposed as some of its actions the structuring of Biological Resource Centers – CRBs, operating as collections of service-providing cultures, which fully serve national and international safety and traceability requirements and that are accredited as certifying authorities for biological material; the implementation of a Depository Center for natural material for patent purposes; and the creation of an evaluation system and inter-ministerial structure capable of articulating and managing the compliance of biological material with the adoption of international standards, which make it possible to strengthen and improve the training of CRBs to operate in a national integrated network. Therefore, the PDB reinforced the importance of establishing the CBMB and the Brazilian Network of CRBs.

In 2009, the preparation of the project for the construction of the CBMB began, which would be designed to meet all the requirements that would enable it to be accredited as an IDA. However, the project was discontinued at the end of 2014 due to technical and administrative issues.

Despite this, in 2016, ordinance 130 of the MCTI that establishes and regulates the Brazilian Network of Biological Resource Centers – Rede CRB-Br within the scope of the MCTI, defined in Art. 2, item V, as one of the objectives of the Network CRB- Br, provide biological material deposit services for the protection of intellectual property.

Accreditation and the Budapest Treaty

Thus, considering the relevance and urgency for the country of a structure for the deposit of biological material for patent purposes, the need arose to redefine a proposal for compliance with the Biotechnology Development Policy Guidelines established by Decree 6,041 of 2007 and Ordinance 130 of 2016, of MCTI3. This redefinition considered a change of understanding regarding the need for the depository center to be linked to the INPI, given the observation that the cultural collections in the United States and Europe that act as IDA are not related to the respective patent offices.

However, it is essential to emphasize that depositing patent material must remain dissociated from other cultural collection activities, guaranteeing the deposit process’s impartiality.

Thus, the scenario was reestablished for national institutions, such as Fiocruz, Embrapa, Unicamp, and BCRJ, among others equally qualified, to request, via the Ministry of Foreign Affairs (MRE), accreditation with WIPO to act as IDAs. However, this accreditation depends on Brazil’s adherence to the Budapest Treaty.

Currently, BPTO accepts the deposit of biological material for patent purposes only in IDAs, so Brazil’s adherence to the Treaty, in addition to not resulting in any changes to procedures already adopted by INPI, will bring benefits to different groups such as depositors of Brazilian patents, which will be able to deposit biological material in an IDA located in the national territory when this is recognized by WIPO (with reduced costs and bureaucracy); qualified national institutions, which may be identified as IDA and may obtain new sources of revenue from the deposit of biological material, not only deposits of natural material from nationals but also from other countries, mainly Latin American governments, which have only one tiny IDA in Chile; and the scientific community, companies in the biotechnology sector, and Brazilian society in general, a since the material deposited in IDAs becomes public for scientific research, technological development, and innovation, it will be more readily accessible as it is in the national territory.

Towards a Stronger Network

This action is also aligned with efforts to structure the Brazilian Network of Biological Resource Centers, currently called Biobanks (according to the definition in ISO 20.387:18, which brings general requirements for biobank activities), which has as One of its objectives is the establishment of depository institutions for biological material in Brazil to protect intellectual property.

In recent years, it has been demonstrated, therefore, that Brazil’s non-participation in the Budapest Treaty results in increased costs and more incredible difficulty in the process of claiming patent protection for inventors and applicants who wish to file in multiple countries an application for an invention whose existence is a microorganism as an innovative technological element is present.

Thus, once only arguments favorable to Brazil’s accession to the Budapest Treaty were listed, it was considered reasonable to consider the existence of IDAs in Brazilian territory as instruments of legal security and logistical facilitation for inventors and depositors.

Legislative Decree and Pending Consideration

Given this scenario, through a request made by the Executive Branch, it was prepared and submitted for consideration by the members of the National Congress by the provisions of art. 49, item I, combined with art. 84, item VIII of the Federal Constitution, the Legislative Decree Project 466/22, whose proposal analyzes the relevance of the country’s accession to the Budapest Treaty. The PDL 466/22 is currently pending processing in only one permanent committee of the Chamber of Deputies, the Constitution, Justice, and Citizenship Committee – CCJC is still subject to consideration in the house’s plenary.

Conclusion

The imminent signing of the Treaty, therefore, benefits development and innovation in the area of biotechnology by allowing cost reduction and simplification of procedures for users of the patent system in Brazil, as well as the strengthening of microbial Biobanks and cell cultures that may be accredited as IDA and organized in a new Brazilian network, which will be able to provide another essential service, the deposit of biological materials related to patent applications.

Source: Migalhas