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In December 2020, CONAR presented the Digital Influencer
Advertising Guidelines to the Ministry of Justice. It updated the
guidelines for the application of CONAR rules to commercial content
on social networks, especially those generated by digital
influencers. The set of new rules focuses on subjects contemplated
by the Brazilian Consumer Protection Code ( CDC ), the
General Data Protection Law, the Civil Code, among others.
Consigning advertising activity by influencers as the
transmission of a message by hiring an advertiser or agency to
stimulate the consumption of goods and services, the Guide states
Brazilian government urged to protect consumers from massive data leak
A consumer rights organization has called for urgent measures to investigate and punish those responsible for exposing the population s data, as well as better citizen information and transparency.
February 10, 2021 00:07 GMT (16:07 PST) | Topic: Security
A Brazilian consumer rights watchdog has urged the federal government to take immediate and urgent action to protect citizens who had their personal details exposed online.
The notices sent by the Brazilian Institute for Consumer Protection (IDEC) to several government agencies relate to a massive data leak, which saw details of 223 million Brazilians, ranging from name, address to current income, personal vehicle information and tax returns exposed and sold in the dark web.
Legislative framework and causes of action
Brazil is a signatory to the Paris Convention for the Protection of Industrial Property. The Brazilian Federal Constitution protects copyright, patent and trademark rights. All aspects of trademarks in Brazil are governed by the Industrial Property Act (Federal Law 9279/1996).
The Industrial Property Act enforces the priority rule, whereby trademark registration is granted to the first applicant who files the inherent application before the Brazilian Patent and Trademark Office (INPI). However, if at the priority date any person or entity has been using an identical or similar trademark in Brazil in good faith for at least six months to distinguish or certify an identical or similar product or service, it will be entitled to registration priority. Only visually perceptible trademarks may be registered, which presents difficulties for non-traditional trademarks. Slogan registration is prohibited, but may be protected under copyright or comp