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By Claudio Roberto Barbosa

February 4, 2020

Privacy in Brazil 2020

A Q&A guide to privacy in Brazil. This Q&A guide gives a high-level overview of privacy rules and principles, including what national Privacy in Brazil 2020

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October 10, 2019

New review of the LGPD: Brazilian Congress rejects the presidential vetoes and reestablish sanctions

After the enactment of Law n. 13,853/2019 by the President, implementing partial vetoes to Law n.13,709/2018 (Brazilian General Data Protection Law – New review of the LGPD: Brazilian Congress rejects the presidential vetoes and reestablish sanctions

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October 7, 2019

Brazil’s Best Counsel 2020 – Chapter Opening: Data Protection

Brazil has recently seen im­portant developments in its data protection regulation. The country’s fragmented regulation – which revealed a lack of legal Brazil’s Best Counsel 2020 – Chapter Opening: Data Protection

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January 31, 2019

Brazil’s Best Counsel – Chapter Opening: Data Protection

Data Protection has been a recurring subject in Brazil for the last decade. While discussions around a bill of general data protection Brazil’s Best Counsel – Chapter Opening: Data Protection

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January 14, 2019

Data protection in Brazil

A Q&A guide to data protection in Brazil. This Q&A guide gives a high-level overview of data protection rules and principles, including Data protection in Brazil

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January 14, 2019

Privacy in Brazil

A Q&A guide to privacy in Brazil. The Q&A guide gives a high-level overview of privacy rules and principles, including what national Privacy in Brazil

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January 4, 2018

Trademark Litigation 2018: Litigation procedures and strategies in Brazil

Legislative framework and causes of action   The Brazilian Constitution guarantees patent, trademark and copyrights as a means to secure the social Trademark Litigation 2018: Litigation procedures and strategies in Brazil

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July 5, 2017

Practical Law: Data Protection Guide

The article gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects, rights to access personal data or object to its collection, security requirements, among other data issues.  

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April 4, 2016

Newsletter 2016.05 We are prepared for the new Code of Civil Procedure!

Kasznar Leonardos Advogados' litigation team, specialized

in Intellectual Property matters, discussed the concrete

implementation of the new Code of Civil Procedure

(effective as of March 18, 2016) in a workshop held in the

São Paulo offices, on March 4 and 5, marking the closing

of a profound cycle of studies on the subject.

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March 11, 2015

Newsletter 2015.04 – New draft bill of law presents challenges for companies regarding the protection of personal data

Companies commonly consider their databases as an intellectual asset. Brazilian Copyright Law recognizes that companies own the architecture of databases that can be considered works of authorship, either by the selection, organization or disposition of its contents (article 7, XIII of Federal Law n. 9.610/1998). However, some aspects must be considered when databases contain private information (usually consumer’s data). Given that such data relate to natural persons’ privacy, strong objections are raised in society against the unauthorized treatment and transfer of such information. Unlike other countries, only now this became an issue in Brazil and under an scrutiny of experts and the allegedly mistreatment of client’s personal data by some companies that the debate about the new draft bill of law was recently introduced.

 

For the last thirty years, Brazilian legal framework has superficially touched the protection of personal data.  Dispositions were spread in the Federal Constitution, the Consumer Protection Code, the federal laws on access to public information and on industrial property, as well as on the Civil Rights Framework for the internet. Still, the lack of a single law fully regulating the issue has led to undesired levels of legal uncertainty.

 

An old promise of the Ministry of Justice, the Draft Bill of Law on the Protection of Personal Data was finally disclosed last January. Long-awaited by companies, lawyers and consumer defense entities, the draft is under public consultation until April 30, 2015 and might be refined bt the Ministry before its submission to the Congress. It is already possible, though, from the analysis of the document, to derive some conclusions that may guide companies with regard to the best practices to be adopted until the effective enactment of the law.

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April 25, 2011

Anti-Counterfeiting 2012

Legal framework

The growth of the Brazilian market and economy is parallelled by the increase of counterfeiting activities. The enforcement of IP rights involves planning, technology, intelligence, training and coordination, with support from a number of laws and treaties, as well as the relevant rules of the Federal Constitution, the Civil Code, the Criminal Code, the Civil Procedure Code, the Criminal Procedure Code and administrative statutory instruments. The legal framework for anticounterfeiting includes:

• the Industrial Property Law (Law 9,279/96);

• the Copyright Law (Law 9,610/98); and

• the Software Law (Law 9,609/98).

In addition, Brazil is a signatory to the main international IP instruments, such as:

• the Paris Convention for the Protection

of Industrial Property (as reviewed in Stockholm in 1967);

• the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs);

• the Berne Convention f

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