Intellectual Property Rights Blowing in the Wind

If ever we hated to say "we told you so", this is that moment. The U.S./Brazil dispute over U.S. cotton subsidies [1] has landed the U.S. on the wrong side of a WTO ruling, resulting in sanctions. Brazil has already identified 102 U.S. products on which it will now impose those (sanctioned...

United States-Brazilian Cotton Dispute: The Possible First-Ever WTO-Sanctioned Cross-Retaliation against IP Rights

Developments have been moving fast in Brazil regarding the possible first-ever WTO-sanctioned cross-retaliation against intellectual property rights. In November 2009, the World Trade Organization (WTO) gave Brazil the formal go-ahead to impose sanctions on U.S. imports after previous WTO rulings...

CAMEX approves agreement negotiated between Brazil and the US for the cotton dispute

The Council of Ministers of the Chamber of Foreign Commerce, presided over by the Minister of Development, Industry, and Foreign Commerce, Miguel Jorge, approved today (17 June) the agreement negotiated between Brazil and the United States which carries forward the undertakings in the Memorandum...

UPDATE: Walter W. Palmer on the U.S./Brazilian WTO dispute

Walter W. Palmer, of Pinheiro Palmer Advogados, discusses Brazil IP News - Legal instrument permits Brazilian federal government to suspend IP and similar rights as "cross-retaliation" in WTO disputes. June 21, 2010 Correspondence from Walter W. Palmer of Pinheiro Palmer Advogados...

Brazil holds public comment period on proposed revisions to 1998 Copyright Law

On June 14, 2010, the Executive Office of the President released a proposed law intended to "modernize" the existing statute governing authorial and connected rights in Brazil, Federal Law No. 9.610 of 1998 (hereinafter, "the Copyright Law"). The proposed law is the result of...

Brazilian company need not indemnify multinational software manufacturers for the use of unlicensed software

by Esther Flesch and Bruno Maeda The Superior Court of the State of Minas Gerais has ruled that a Brazilian engineering company was not required to indemnify two large US-based software companies for the use of unlicensed software. The lawsuit was filed by one of the multinational software companies...

Anomalous Brazilian state appeals court decision finds lack of reciprocity, denies protection to US software companies

A 2-1 decision issued in May 2010 by a panel of the Appellate Court of the State of Minas Gerais (Appeal No. 1.0224.08.199736-3) refused to acknowledge Microsoft Corporation's and Autodesk Inc.'s rights in and to computer programs. According to the majority, Microsoft and Autodesk had failed...

Brazil Adopts Administrative Dispute Resolution Process For New Domain Names

On September 30, 2010, NIC.br, the entity which oversees the registration of domain names in Brazil, adopted a mandatory administrative dispute resolution process for all ".br" domain names registered from that date forward. A new clause added to NIC.br's standard-form registration...