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<p><OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> <p>The category of intellectual property covers the protection of copyright (authors’ rights, related rights, and computer programs), the protection of industrial property (patents for inventions and utility models, trade marks, industrial designs, and geographical indications; the prevention of unfair competition), and <i>sui generis</i> protection (plant varieties, integrated circuit topographies, and traditional knowledge). Each of these categories has its own legal institutions and protected interests, as well as its respective forms of protection, to prevent their definitions and scope from being conflated. In this case, the trade mark protection granted by the National Institute of Industrial Property (INPI) to the appellants is distinct from, and does not encompass, the copyright protection afforded to the musical work.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> <p>The expression “<i>do Leme ao Pontal</i>” has referred to a stretch of coastline in the municipality of Rio de Janeiro since long before it was used as the title of the appellants’ musical work.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>3.</ItemNumber> <ItemContent> <p>As provided by law, names and titles, taken in isolation, are not protected by copyright, as the latter only covers an intellectual work as a whole (in this case, a song), considered in its entirety. Accordingly, the title “do Leme ao Pontal”, on its own, is not protected as intellectual property (Art. 8(VI) of Law No. 9.610/98).</p> </ItemContent> </ListItem> </OrderedList></p>

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“do Leme ao Pontal”

  • 期刊论文

  • 发表日期：

    2025年11月25日

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摘要

1.

The category of intellectual property covers the protection of copyright (authors’ rights, related rights, and computer programs), the protection of industrial property (patents for inventions and utility models, trade marks, industrial designs, and geographical indications; the prevention of unfair competition), and sui generis protection (plant varieties, integrated circuit topographies, and traditional knowledge). Each of these categories has its own legal institutions and protected interests, as well as its respective forms of protection, to prevent their definitions and scope from being conflated. In this case, the trade mark protection granted by the National Institute of Industrial Property (INPI) to the appellants is distinct from, and does not encompass, the copyright protection afforded to the musical work.

2.

The expression “do Leme ao Pontal” has referred to a stretch of coastline in the municipality of Rio de Janeiro since long before it was used as the title of the appellants’ musical work.

 3.

As provided by law, names and titles, taken in isolation, are not protected by copyright, as the latter only covers an intellectual work as a whole (in this case, a song), considered in its entirety. Accordingly, the title “do Leme ao Pontal”, on its own, is not protected as intellectual property (Art. 8(VI) of Law No. 9.610/98).