On June 30, 2023, the Accountability and Budget Execution Balance Bill for fiscal year 2022 was submitted to the Legislative Branch for review. Among its provisions, it proposes amendments to legal norms related to Intellectual Property.
Below, we outline the proposed changes:
Trademarks
It is proposed to amend Article 99 of the Trademark Law No. 17.011 through Article 218 of the Accountability Bill, regulating the applicable official fees. A new official fee is introduced for “other trademark signs,” different from word or mixed marks, and its cost will be similar to that of mixed marks. This fee covers non-traditional trademarks, such as sound marks.
Additionally, the bill adds the possibility of charging fees for the registration of geographical indications.
Software Registration
Article 219 of the Accountability Bill proposes to amend Copyright Law No. 9.739 to create a Software Registry within the DNPI-MIEM, thereby changing its current place of registration (the Copyright Office within the National Library).
Registration will continue to be optional, and its omission will not affect the enjoyment or exercise of the rights recognized under this law.
If registration conflicts arise, they will be resolved by the National Directorate of Industrial Property, subject to the general appeal system.
The Executive Branch will have a six-month period from the promulgation of the law to regulate this registry.
Copyright
The bill proposes to amend Copyright Law No. 9.739 and its amendments, broadening the scope of rights recognized for performing artists, by modifying Articles 36 and 39 (Literal A).
The proposed amendments are as follows:
“ARTICLE 36. – The performer of a literary or musical work has the right to demand remuneration for their performance when broadcast or rebroadcast through radiotelephony, television, the internet, or digital networks of any kind, or when recorded or printed on disc, film, tape, wire, or any other substance, medium, or device suitable for sound or visual reproduction. In the absence of an agreement, the amount of remuneration will be determined in summary proceedings by the competent judicial authority.”
“ARTICLE 39 – A). Performing artists shall have the exclusive right to authorize the reproduction of their performances or executions, whether fixed in any medium or not fixed, by any procedure or in any form; the making available to the public of a phonogram, or of an original or copy of an audiovisual recording, through sale or other transfer of ownership; the commercial rental of the same to the public; and the making available to the public of their performances or executions fixed in any medium, in such a way that members of the public may access them from the place and at the time individually chosen by each of them.
They shall also have the right to authorize: the broadcasting and communication to the public of their unfixed performances or executions, except when the performance or execution itself constitutes a broadcast performance or execution; and the fixation of their unfixed performances or executions.
Agreements entered into by performing artists with producers of phonograms or audiovisual recordings in relation to the right of making available to the public shall not entail a waiver of their right to receive equitable remuneration from the person making such content available.”
Autor:
