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Copyright in Brazil

Document Citado por Related
Vincent
AutorMarcos Wachowicz
Páginas153-154

Page 153

See note 62

At Digital Rights LAC, we wanted to ask different specialists in the region about their personal appraisals on digital rights issues. This is the case of Marcos Wachowicz from Brazil. We asked him what the main achievements for 2013 were with regard to copyright and what could be expected for 2014.

The year 2013 marked the re-opening of the subject of reforming legislation currently in force in Brazil, with the new measures introduced by the Minister for Culture, Marta Suplicy. However, the year ended without the bill to reform Law 9.610/98 (Intellectual Property Law or LPI) being passed by Congress. This was foreseen by some parliamentarians and was expected by various sectors of Brazilian society.

The process of revising the country’s LPI has been in the making for a long time, more than eight years. It all began in 2005 when, at the end of the First National Conference on Culture, it became clear that not only did the existing intellectual property laws need revising but also that the role of the State in this area needed to be redeined.

A number of governmental actions followed to stimulate debate in the country (eight seminars and more than 80 departmental meetings). On June 14th, 2010, the bill was presented to the public for a formal process of consultation through the Internet. For 79 days, any individual or institution in the country could send their contribution via an online platform which allowed immediate publicity for their suggestions. By the end, 8,431 individuals, legal entities and collective organisations had participated. During all this time,

Page 154

the effort and the material collected promoted discussions that led to the maturing of ideas about the reform, increased clarity about the concepts, arguments and different points of view that surfaced during the process, and a more precise reading of how far the reform could go to get a balance between the public interest and the participation of the private sector.

So, in August 2013, with the enactment of Law 12.853, it was possible to proceed with one of the fundamental points of the reform, which refers particularly to the...

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