Category of IP right | Type of limitation | Description | Relevant regulation |
|---|---|---|---|
Patents/Utility models/Designs | Limitation on exclusivity: | Researcher of scientific and technological subjects is authorized to duly perform its activities without any previous consent and it will not be considered a violation to IPR. | Law No. 9.279 of May 14, 1996 (Industrial Property Law), Article 43 item II, Article 109 |
Patents/Utility models | |||
Industrial Designs | |||
Topographies of Semiconductor Products | |||
Trade Marks | Limitations on exclusivity: | Trademark can be mentioned in a speech or in a literary or scientific work, provided that there is not a commercial connotation and without prejudice to its distinctive character. | Law No. 9.279 of May 14, 1996 (Industrial Property Law), Article 132, item IV |
Copyright | These kinds of use do not infringe copyright: | There is no specific Articles about it in the Copyright Law. However, some Articles authorize many types of regular uses that can indirectly serve to the purpose of scientific and technological research: Article 46, item III, authorizes the quotation of excerpts in books, newspapers, magazines or any other medium of excerpts of a copyrighted work for the purposes of study, criticism or debate; Article 46, item VIII, grants the right of reproduction of in any work of short extracts from existing works (or of the whole work in the case of a work of three-dimensional art), provided that the reproduction is not in itself the main objective of the new work and does not jeopardize the normal exploitation of the reproduced work nor unjustifiably prejudice the author’s legitimate interests. | Law No. 9.610 of February 19, 1998 (Copyright Law) |
Software | These kinds of use do not infringe rights to software: | There is no specific Articles about it in the Copyright Law or in the Software Law. However, some Articles authorize many types of regular uses that can indirectly serve to the purpose of scientific and technological research: besides the above mentioned exceptions in the Copyright Law (that are applicable to software), the Software Law, in its Article 6, item II, allows the partial quotation of the program, for educational purposes, provided the program and the title-holder of the respective rights are duly identified. | Law No. 9.610 of February 19, 1998 (Copyright Law), Software Law No. 9.609 of February 19, 1998 |
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