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The Principle of Territoriality in International Intellectual Property Law and Its Implications for Global FRAND Rate-Setting
Written by Professor Daniel Gervais, with the assistance of Isabel Milman and Viviane Kunisawa Abstract The principle of territoriality under which intellectual property (IP) rights exist and are enforced only within national borders sits uneasily alongside the global...
IP Litigation in Brazil in 2025: AI, Platforms, and the New Geography of Competition
Brazil has long been known for its strong litigation culture, particularly among domestic companies, where disputes are often taken to court at an early stage. This does not mean that cases always move quickly to a final resolution. On the merits, complex proceedings...
Pharmaceutical advertising in Brazil: regulatory framework, social media and associated debates
By Viviane Kunisawa, Mariana Cuzziol, Rafael Barros Introduction The digitalisation of communication, particularly through social media, has transformed how health information and pharmaceutical products reach consumers. Traditional advertising principles, once suited...
The Mercosur–EFTA Free Trade Agreement: Intellectual Property, Regulatory Governance, and the Pursuit of Innovation and Public Interest
The European Free Trade Association (EFTA) States – Iceland, Liechtenstein, Norway, and Switzerland – and the Common Market of the South (Mercosur) – Argentina, Brazil, Paraguay, and Uruguay – signed a free trade agreement (FTA) on the 16th of September in Rio de...
Heineken Unit Files Federal Action to Cancel ” Cerveja Bávara Real” Mark Following BPTO Reversal
A new trademark dispute in Brazil’s beer sector highlights the tension between long-established brands and later-filed marks that rely on close phonetic or visual structures. CKBR Bebidas Ltda., part of the Heineken Group and owner of the historic BAVARIA brand, has...
Integrated Strategy: Data + Brand as the Core of Competitiveness
The path to leadership in Latin American AgriFoodTech depends on an integrated strategy — where technology, data, and branding move together. Key elements: Protect the brand, both nationally and internationally, ensuring exclusivity and secure expansion. Build a...
AgriFoodTech Case and Trends
Looking at real examples helps illustrate the impact of data + brand: Bayer – Climate FieldView™: advanced technology, but adopted more rapidly thanks to the brand’s global reputation.¹ Agrotrace (Brazil): digital traceability and blockchain, with trust reinforced by...
Brazilian Supreme Court to Review Constitutionality of New Clinical Research Law
The Brazilian Society of Bioethics (SBB) has filed a Direct Action of Unconstitutionality (ADI 7875) before the Federal Supreme Court (STF), assigned to Justice Cristiano Zanin, seeking a preliminary injunction and subsequent annulment of key provisions of Law No....
Data Monetization: The Brand as a Seal of Trust
Collecting data is only the beginning. Turning it into revenue requires strategy, trust, and credibility. According to EloGroup¹, there are two main approaches: Internal monetization: using data to reduce costs, predict failures, and optimize input application....
Trademarks as a Legal Shield and Competitive Advantage
In digital agribusiness, innovation moves fast. A crop monitoring software developed today can be copied tomorrow. In this context, a registered trademark becomes a strategic shield.³ It ensures: Exclusive use within a specific class and territory. Protection against...
Data + Brand: The New Driver of Digital Agriculture
If you talk to any AgriFoodTech professional in Latin America, you will often hear: “data is the new oil.”¹ But, like all good oil, it needs to be refined to generate value. In agribusiness, raw data only becomes a competitive advantage when it is processed,...
CADE Presents Study on Standard Essential Patents at Meeting with ABPI
At a meeting held on Friday (10/10), members of the Administrative Council for Economic Defense (CADE) presented the Brazilian Intellectual Property Association (ABPI) with the study "Contributions of CADE: Essential Patents", which addresses the interaction between...