The items on the regulatory agendathat will be the first topics to be regulated by the ANPD are the following:

Phase 1 (initiatives whose beginning of the regulatory process will take place within 1 year):

• ANPD Internal Regulations;
• Strategic Planning;
• Data and privacy protection for small and medium companies, startups and individuals that process personal data for economic purposes;
• Establishment of regulations, for the application of art. 52 and those after it, of the LGPD (related to administrative sanctions);
• Reporting of incidents and specification of the notification periods; and
• Personal Data Protection Impact Report.

Phase 2 (initiatives whose beginning of the regulatory process will take place within 1 year and 6 months):

• Personal Data Protection Officer; and
• International Transfer of Personal Data.

Phase 3 (initiatives whose beginning of the regulatory process will take place within 2 years):

• Rights of personal data owners; and
• Legal hypotheses of personal data treatment.

See the complete Ordinance here.

O conteúdo ANPD’s Regulatory Agenda released aparece primeiro em Grinberg Cordovil Advogados.

With the nomination of the Director-President, Decree 10.474/2020, which details the regimental structure and the positions and functions of the ANDP, comes into force.

O conteúdo Publishing of the nomination of the directors of the Council of the National Data Protection Authority – ANPD aparece primeiro em Grinberg Cordovil Advogados.

However, the provisions on the administrative sanctions are still pending and will only come into force in August 2021. The creation of the National Data Protection Authority and the appointment of its directors is also still awaited on.

O conteúdo The Brazilian Data Protection Law comes into force aparece primeiro em Grinberg Cordovil Advogados.

Read the full version wrote by Ana Carolina Cagnoni and Branca Zuardi: Parodies, deepfakes and election year.

O conteúdo Parodies, deepfakes and election year aparece primeiro em Grinberg Cordovil Advogados.

Read the full version wrote by Ana Carolina Cagnoni: How Brazil regulates children’s privacy and what to expect under the new data protection law

O conteúdo How Brazil regulates children’s privacy and what to expect under the new data protection law aparece primeiro em Grinberg Cordovil Advogados.

Currently, the treaty covers about 80% of international trade and 122 countries. Administered by the World Intellectual Property Organization (WIPO), the treaty offers advantages for trademark applicants and rights holders such as simplified procedures and cost efficient processes, as well as increased predictability in response time and the possibility of centralized portfolio monitoring across countries.

O conteúdo Madrid Protocol came into force in Brazil aparece primeiro em Grinberg Cordovil Advogados.

Resolution no. 244: division of registration or trademark applications. From its effective date, the registration request may be divided for the purposes of transference of title. Part or all of the same class of products or services may be transferred and should include identical or similar products or services, under penalty of cancellation or filing of the registration or original order. The date of filing and the priority of the original registration or order, where applicable, and the period of validity of the original registration, will be maintained after the division. In the event of the examination being overwritten in the registration application, the applicant may request its division, which will lead to a new trademark registration application. This resolution will enter into effectivity on March 9, 2020.

Resolution no. 245: co-ownership. From its effective date, registering more than one proprietor or applicant per trademark registration or application will be permitted. INPI’s publications of registrations must identify all proprietors or applicants, who will effectively and lawfully pursue activity relating to the claimed products or services, either directly or through companies that they control directly/indirectly. All acts of the parties, relating to the trademark, must be performed by all proprietors, except for occasional exceptions. Foreign proprietors should have attorneys that live in country with administrative and judicial representation powers. If there is co-ownership, there is no expiration of the trademark when at least one of the co-owners proves its use. This resolution will take effect on October 2, 2019.

 Resolution no. 247: trademark registration under the Madrid Protocol. Procedures for individuals or legal entities are defined so that they are able to file applications for international trademark registration directly with the INPI and for individuals or legal entities to register trademarks in Brazil, deriving from local requests. Among other definitions, it establishes that the date of international registration will be the date on which the application is submitted to the INPI, provided that it has been received by the WIPO International Secretariat within 2 months. After this period, the effective date will be the date of receipt of the request by the International Bureau. This resolution will take effect on October 2, 2019.

Resolution no. 248: trademark registration in a multiclass system. From its effective date, this resolution will allow the filing of trademark applications for related products and services in more than one class. This specification should be informed upon registration. Specifically, it determines that the trademark will be analyzed separately in each class, and an examination of the registration application may result in approval, rejection or partial approval, depending on whether the trademark is prohibited in all or part of the classes. The petition for this type of registration will be available from as of March 9, 2020.

O conteúdo INPI presents new resolutions for trademark registration in view of Brazil’s accession to the Madrid Protocol aparece primeiro em Grinberg Cordovil Advogados.

Read the full version wrote by Ana Carolina Cagnoni: Open Discussion for Copyright Law Reform.

O conteúdo Open Discussion for Copyright Law Reform aparece primeiro em Grinberg Cordovil Advogados.

Procon’s charges involve the following conducts by companies: (i) making essential information about the app available in a foreign language only; (ii) sharing of user information; (iii) transfer of consumer data to countries with legislation other than local, resulting in waiver of consumer rights; and (iv) clauses that provide for arbitration as the compulsory dispute resolution alternative, meaning that potential disputes should be resolved in California, USA.

The fines imposed by Procon-SP are the highest ever applied in Brazil: Google’s R$ 9.964.615,77 (approximately USD 2.454.338,86), the maximum amount set by the Consumer Defense Code, and Apple’s R$ 7.744.320,00 (approximately USD 1.907.467,98). Companies can administratively challenge the decision before Procon-SP in two instances, litigate before courts or pay the fine, with a 30% discount if a single payment is made.

O conteúdo Google and Apple are fined by Consumer Authority Procon on charges of unfair contractual terms aparece primeiro em Grinberg Cordovil Advogados.

The dismissals aim to comply with the judicial decision issued in Unnamed Criminal Cautionary Order no. 5054988-47.2019.4.02.5101, which is being processed at the 5th Criminal Court of Rio de Janeiro. The decision imputes five crimes to Christian de Castro and his advisers as slanderous denunciation; violation of functional confidentiality; prevarication; slander, injury, defamation; and criminal association. In December of last year, the former agency president directors Magno Maranhão and Marcos Tavolari were the target of search and seizure warrants.

For now, Alex Braga Muniz, the director of Ancine, will take over the presidency. To the understanding of the Ministry of Citizenship, this change should meet the sector with normality.

O conteúdo Bolsonaro Dismisses Ancine President and Civil Servants aparece primeiro em Grinberg Cordovil Advogados.