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Court decision on use of pirated software

Baker & McKenzie
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Brazil
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October 7 2009

On 25 August 2009, the Brazilian Superior Court of Justice ordered a company from the State of Paraná to pay indemnification corresponding to ten times the price of each copy of a software program that the company was using without a licence

Patent and Trademark Office facilitates remittances of software services fees

Baker & McKenzie
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Brazil
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October 28 2009

The Brazilian Patent and Trademark Office (INPI) published a new list on its website containing services that are not subject to registration

Internet company held liable for unauthorised performance of music recordings

Baker & McKenzie
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Brazil
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March 15 2010

A judge from the State of Rio de Janeiro has penalised an internet company for the unauthorised performance of music recordings and transmission of music events

Executive order authorises and regulates cross retaliation measures relating to IP matters for violation of WTO agreements

Baker & McKenzie
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Brazil, USA
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April 6 2010

The Brazilian President enacted Executive Order 482, which provides for retaliation measures authorised by the WTO's Dispute Settlement Body (DSB) regarding the non-compliance by the US with the DSB's decisions on the "US - Subsidies on Upland Cotton" case, that considered certain US subsidies incompatible with the obligations adopted within the WTO Agreements and recommended the elimination of such subsidies

Tourism company ordered to pay damages for online copyright infringement

Baker & McKenzie
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Brazil
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April 19 2010

A judge from the Brazilian Federal District ordered a tourism company to pay a photographer R$1,000 (approximately US$500) as actual and moral damages for copyright infringement

First person to be arrested for selling songs on the internet acquitted

Baker & McKenzie
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Brazil
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February 10 2010

The first person to be arrested for illegally selling copyrighted songs on the internet has been acquitted by the 1st Criminal Court of the State of Parana; because the statute of limitation for the criminal prosecution had lapsed

House of Representatives approves executive order allowing the country to apply trade sanctions relating to IP rights

Baker & McKenzie
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USA
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July 27 2010

On 8 June 2010, the House of Representatives approved Executive Order No. 482 which provides for the application of trade sanctions established by the World Trade Organization (WTO) against the intellectual property rights of other countries in case of non-compliance with the WTO's rules

President enacts law allowing for retaliation in relation to intellectual property matters for non-compliance with WTO obligations

Baker & McKenzie
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Brazil
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August 31 2010

The President of Brazil has enacted Law No. 12,2702010, permitting the Government to suspend or limit intellectual property rights, change the standards for protection of such rights and temporarily block the remittance of royalties or remuneration arising from the exercise of such rights when another World Trade Organization (WTO) member country fails to comply with its multilateral obligations

ISP required to reveal identity of creator of fake profile on social networking site

Baker & McKenzie
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Brazil
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November 9 2010

An internet services provider (ISP) was ordered by a judge to disclose personal data regarding a user of its social networking site who had created a fake profile of another user which allegedly caused damage to the latter's reputation

The São Paulo Court of Justice creates a special chamber for commercial law

Baker & McKenzie
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Brazil
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March 22 2011

The creation of a specialised commercial chamber was approved by the São Paulo Court of Justice