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Brazil and the United States team up in anti-piracy campaign

by Jose Henrique Vasi Werner

May 17, 2004

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Brazil and the United States are continuing in their joint effort to reduce piracy activity in South America.

Despite a modern copyright legal system – the Copyright Act (9.610/98) is in line with the provisions set out in the Agreement on Trade-Related Aspects of Intellectual Property Rights and the Berne Convention – Brazil has not yet found a truly effective way of keeping levels of piracy down. Reflecting this, Brazil has once again been included in the US Trade Representative’s Special 301 Report Priority Watch List, and may be expelled from the Generalized System of Preferences (which applies reduced taxes to Brazilian products when exported to the United States).

Part of the problem is a result of external forces. For example, around 70% of counterfeit and falsified goods found inside Brazilian territory are imported from foreign countries, including China, Korea and Paraguay.

In light of this, the National Congress created a Parliamentary Inquiry Committee on Piracy (PICP) with special powers of investigation, including the ability to seize counterfeit goods and make arrests. After several effective actions, members of the PICP were invited to Washington DC by members of the US Congressional International Anti-Piracy Caucus (CIAPC) to exchange views and experiences on combating piracy and protecting copyright.

The meeting resulted in a Joint Statement on Anti-Piracy, whereby the United States and Brazil agree to:

– Condemn those who pirate the works of their respective citizens;

– Enact modern, effective and enforceable copyright laws; and

– Provide effective remedies against copyright piracy.

The PICP provided the CIAPC with an overview of piracy activity in Brazil, estimating that the Brazilian licensing, entertainment, recording and software industries lose $200 million, $130 million, $300 million and $250 million a year (respectively).

The PICP asked the CIAPC and other US government authorities to work with the local authorities of Argentina, Chile, China, Panama and Paraguay in an attempt to engage these countries in the fight against piracy.

As the meetings demonstrate, Brazil is moving forward in its attempts to implement practical and effective measures to reduce piracy activity. 

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Jose Henrique Vasi Werner

Partner, Lawyer, Industrial Property Agent

He has a postgraduate degree in Criminal Law and Criminal Procedure from Estacio de Sa University. He is legal Dire[...]

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