World Intellectual Property Day: What is being discussed about IP in the world?

By Dannemann Siemsen

By Peter Eduardo Siemsen -Partner, Lawyer, Industrial Property Agent- and Patrícia Carvalho da Rocha Porto -Academic Coordinator- IDS.

On April 26, World Intellectual Property (IP) Day is celebrated. This celebration, created by the World Intellectual Property Organization (WIPO), is an opportunity to bring the world together to reflect on the importance of intellectual property rights for the recognition and reward of creators for their work and contribution, as well as for encouraging innovation and investment in research and development, thus promoting an environment conducive to the continuous progress of society.

Currently, some relevant discussions on IP have been highlighted around the globe. We bring some of them below.

Generative Artificial Intelligence (AI) is emerging as an area of growing importance and with several aspects that relate to IP and its protection. The legal protection of works generated by AI raises questions about who owns the authorship and intellectual property rights over these creations and how they should be protected and legislated. The issue of liability for the unauthorized use of third-party works in AI-generated products is also on the agenda. In relation to data mining, essential for training AI systems, the problem of how to regulate this mining also arises, since many times such information is extracted from works protected by copyright.

Another trend is the wide encouragement for the creation of technologies aimed at the planet's sustainability. The sustainability agenda is guiding international and national IP public policies, as well as companies' investments in sustainable innovations. Actions aimed at encouraging the creation and protection of green technologies are part of the 2023-2025 Action Plan of the Brazilian Federal Government's National Intellectual Property Strategy.

Standard Essential Patents (SEPs) continue to be the subject of great controversy. In many areas, such as telecommunications, companies need to meet minimum technological standards in order to be able to operate in the market. To meet these standards, these companies need to use technologies patented by third parties. The parties involved are not always in agreement with the licensing terms and the fees charged for the use of these patents. This divergence has generated lawsuits around the world, including in Brazil - as a reflection of international disputes. In parallel, there are some proposals to regulate the matter, as has been discussed in the European Parliament.

In the field of trademarks, discussions continue to be in vogue around the protection of non-traditional distinctive signs - such as trade dress, sound and smell marks - by industrial property rights. This protection is not uniform and differs between jurisdictions. In some countries, legislation may limit the protection of these elements by trademark rights. In Brazil, for example, the Industrial Property Law limits trademark protection to visually perceptible distinctive signs. Proponents of protecting these non-traditional distinctive signs by an industrial property right argue that protection via registration is broader and more effective than that provided against acts of unfair competition through judicial means.

Dannemann Siemsen is an IP enthusiast and congratulates all professionals who work in the area. We hope to contribute increasingly to the strengthening of the protection of intellectual property in Brazil and in the world.