Intellectual property
Presidential Decree (MP) No. 869/2018, published on December 28, amended provisions of Law No. 13,709/2018, the so-called General Data Protection Law (LGPD), and created the Brazilian Data Protection Authority (ANPD), a part of the Executive Branch.
The Attorney General's Office (PGR) opined in October in favor of hearing and granting relief to Extraordinary Appeal (RE) 1037396, in order that article 19 of Law No. 12,965/2014, the Brazilian Civil Rights Framework for the Internet, be declared constitutional by the Federal Supreme Court (STF).
Law 13,709 / 18, named Personal Data Protection Law (PDP) establishes strict rules for the protection of personal data. The PDP will enter into force 18 months after its official publication, occurred on August 15.
The plenary session of the Senate approved on Tuesday, July 10, Bill of Law (PLC) No. 53/2018, which deals with the protection of personal data. The text is now proceeding for signature by the president of Brazil and, if signed, Brazil will have a data protection law in force 18 months after its publication in the Official Gazette.
The possibility of protecting the title of intellectual works is much debated, principally in the case of audiovisual works, especially television programs. The Brazilian Copyright Law expressly prohibits protection of titles in isolation, as per article 8, VI, according to which titles shall only be protected together with the work.
Normative Instruction No. 70/2017 of the INPI (National Institute of Industrial Property), which comes into force on July 1, should limit the agency's interference in the definition of the percentage of remittance of royalties abroad in technology transfer contracts.
