World Intellectual Property Day: what is being discussed about IP around the world?

World Intellectual Property Day: what is being discussed about IP around the world?

On 26 April, World Intellectual Property (IP) Day is celebrated. This celebration, created by the World Intellectual Property Organisation, is an opportunity to bring the whole world together to reflect on the importance of intellectual property rights in recognising and rewarding creators for their work and contribution, as well as encouraging innovation and investment in research and development, thus fostering an environment conducive to society’s continued progress.

Currently, some relevant discussions on IP have been taking place around the globe. Here are some of them.

Generative Artificial Intelligence (AI) is emerging as an area of growing importance and with various aspects that relate to IP and its protection. The legal protection of AI-generated works raises questions about who holds authorship and intellectual property rights over these creations and how they should be protected and legislated. The issue of liability for the unauthorised use of third-party works in products generated by AI systems is also on the agenda. With regard to data mining, which is essential for training AI systems, the issue of how to regulate this mining also arises, given that this information is often extracted from copyrighted works.

Another trend is the widespread encouragement of the creation of technologies aimed at the sustainability of the planet. The sustainability agenda is driving the public policies of international IP organisations and countries, as well as companies’ investments in sustainable innovations. Actions aimed at encouraging the creation and protection of green technologies are included in the 2023-2025 Action Plan of the Brazilian Federal Government’s National Intellectual Property Strategy.

The so-called essential patents, known as SEPs (Standard Essential Patents), continue to be the subject of great controversy. In many areas, such as telecoms, companies need to meet minimum technological standards to be able to operate in the market. To meet these standards, these companies need to use technologies patented by third parties. The parties involved do not always agree on the licensing terms and the fees charged for the use of these patents. This disagreement has led to legal disputes around the world, including in Brazil – a reflection of international disputes. At the same time, there are some proposals to regulate the matter, as has been discussed in the European Parliament.

In the field of trade marks, discussions continue to rage about the protection of non-traditional distinctive signs – such as trade dress, sound and smell marks – by industrial property rights. This protection is not uniform and differs between jurisdictions. In some countries, legislation may limit the protection of these elements by trade mark rights. In Brazil, for example, the Industrial Property Law limits trade mark protection to visually perceptible distinctive signs. Those in favour of protecting these non-traditional distinctive signs with an industrial property right argue that protection via registration is broader and more effective than protection against acts of unfair competition through the courts.

Dannemann Siemsen is an IP enthusiast and congratulates all professionals working in the field. We hope to contribute more and more to strengthening intellectual property protection in Brazil and around the world.