October, 2005 – NΊ 08

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To pay or not to pay the fee for the music played in wedding, birthday, baptizing and other parties to the ECAD? That is a frequent doubt of consumers. Although we all know that the payment of author rights is obligatory, there is always a question: when should we pay it or not?

To discuss this subject of concern to all of us at some point in our lives, included in this newsletter you will find, Lawyer Andréia Tozetto's article : "Author Rights in Family Parties".

In another article, Lawyer João Paulo Branco de Moraes Andrade, talks about Tradedress, a set of elements perceptive to the senses which form the "image" of a product, a service or a business establishment. In the article, João Andrade explains how the tradedress fights disloyal competition and preserves the intellectual property rights.

Also in this issue, you will be updated on how people still fall in the trap of false promises when looking for law offices that are little or not reliable at all to file an application for a patent. You will also get acquainted with the projects that are being developed by the Conselho Nacional de Combate à Pirataria (Brazilian Council of Fight to Piracy) , now with the inclusion of the Instituto Brasileiro de Propriedade Intelectual (Brazilian Office of Intectual Property) as an active member of the council; you will also know the advantages and disadvantages of the wave of mergers and acquisitions which waste the country; and the latest news about the resources for American patent applications.
Enjoy your reading!

Author Rights in 
family parties

Some say it is obligatory, others say it is not. After all, what is in force when it comes to collection of musical performances fees in weddings, birthday parties or any other celebration among family members or friends? An article signed by Lawyer Andréia Tozetto, of Silveira Advogados Associados, says what the legislation states about this issue and tells us a case of a couple that was granted by the justice, the right of not paying any fee to the ECAD.

  

Tradedress _ general aspects of a new reality

With the changes taken place in the market, the fight to disloyal competition and the protection of intellectual property rights take a more defined course. Know what is tradedress, this new concept that helps companies to guarantee and protect their trademarks and products. This is the subject of the article written by Lawyer João Paulo Branco de Moraes Andrade, of CRUZEIRO/NEWMARC's team.

  

Be carefull not to fall in any trap

Inventors continue falling in traps set by malicious motive "professionals". In this issue, you will know three stories of people that were deluded by the same "professionals". All of the cases are in court waiting for trial.


 

IBPI becomes member of the Conselho 
Nacional de Combate à Pirataria (National Council 
of Fight against Piracy)

On August 31st of this year, the Instituto Brasileiro de Propriedade Intelectual (Brazilian Office of Intellectual Property) received a certificate from the Conselho Nacional de Combate à Pirataria e Delitos Contra a Propriedade Intelectual (National Council of Fight to Piracy and Felony Against Intellectual Property). On the same day, the CNPC presented a report with an account of its actions since its establishment. The numbers of apprehensions and imprisonments are significant. Brazil has never put so
much effort to fight piracy as at the present time.

  

Mergers and Acquisitions

The growing number of mergers and acquisitions involving companies genuinely Brazilian has risen considerably in the first semester of 2005. Here you will know how much it has increased and the opinion of a specialist in image rights about what can happen with these companies.

  

Applications for American Patents

The USPTO- United States Patent and Trademark Office- has announced a new procedure to appeal against an unfavorable decision to patents granting. With the new measure, protocols considered unnecessary must be avoided. In the past, due to bureaucratic reasons, they were required to start a summary appeal, which applied in some cases.

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Regus Patoff and his adventures!

CRUZEIRO/NEWMARC Intellectual Property
Av.Paulista, 1499, 18o. andar, CEP 01311-928, Sγo Paulo - SP,
Brasil, e-mail cruzeiro@newmarc.com.br, tel: +55 11 3170-1122, fax: +55 11 3170-1120.
Production:
Litera Relacionamento com Imprensa, e-mail litera@litera.com.br, tel. 55 (11) 3673-7270.
Managing Editor: Maria Luiza Paiva.
Senior Writer: Isa Santos.

Editorial Councelors: Newton Silveira, Wilson Silveira, Marcelo Conrado Silveira and Eduardo Silveira.
Design: Formato Design, formato.sp@terra.com.br, tel. 55 (11) 3061-2231.