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Brazil

Brazil’s State Secretariat for Culture held a public consultation to assess the need to review the Brazilian Copyright Act 1998. The consultation, which closed on September 15, 2019, aimed at establishing priorities among options such as modernizing copyright for the digital era, regulating collective management and adopting WIPO’s Internet Treaties.

IPA worked on defining a position to advocate for the interests of international publishers in close collaboration with its Brazilian members Camara Brasileira do Livro (CBL) and Sindicato Nacional de Editores e Livreiros (SNEL). In its submission, filed in early September, IPA supported Brazil’s accession to and implementation of the WIPO Copyright Treaty (WCT). IPA called for the need to reform the Brazilian legal framework on copyright enforcement to enable administrative and judiciary procedures to effectively tackle online copyright infringement. In this regard, IPA suggested consideration of provisions to set out rightsholders’ legitimacy to file court procedures, measures for evidence preservation and recovery, precautionary measures, injunctions, and calculation of damages. IPA also called for the need to establish a legal framework to define responsibility of ISPs with regards to infringing content. Other areas of importance outlined in IPA’s submission are modernizing the provisions setting out the exclusive rights of distribution and making available and implementing WCT provisions with regards to TPM and RMI.

The consultation comes after Brazil’s statement at the 38th Session of WIPO’s Standing Committee for Copyright and Related Rights, where Brazil stated its “vision of the fundamental role of Intellectual Property and its objective to promote a vibrant economy through improved legal framework and increase in protection and dissemination of creativity and knowledge." It stated that the existence of IP rights in legislation required a functioning IP system and effective enforcement of the rights. The Delegation observed that enforcement provided legal certainty to right holders, essential for investments and job creation. It pledged to ensure that sanctions on infringement of IP rights would be enforced.

IPA would like to thank its Brazilian members CBL and SNEL for the excellent work in advocating for increased and modernized copyright protection that is key for the publishing industry.

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