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THE STATE OF PLAY, 2011
Pedro Mizukami
Center for Technology and Society
Getulio Vargas Founda=on, Rio de Janeiro
1
2001‐2010: THE IP ENFORCEMENT
DECADE
As of 2003, criminal copyright
infringement of a commercial
nature must be enforced ex officio.
As of 2004 Brazil has a specialized IPR
enforcement forum, the CNCP – NaRonal
Council on CombaRng Piracy and
Intellectual Property Crimes
CoordinaRon between federal law
enforcement agencies has greatly
improved.
The number of enforcement
measures (raids, seizures) has
increased dramaRcally.
December 3rd has been officially
declared the “NaRonal Day of
CombaRng Piracy”
“Enforcement ac=ons have increased, under
the coordina=on of the Na=onal Council to
Combat Piracy (CNCP), and these increased
ac=ons included several major opera=ons in
the beginning of 2011. The United States
encourages Brazil to con=nue this work in
2011.”
United States Trade RepresentaRve, 2011
Special 301 Report
“However, piracy and counterfei=ng persist
at significant levels in Brazil, including book
piracy and a reported growth in piracy over
the Internet.”
United States Trade RepresentaRve, 2011
Special 301 Report
Issues
• Limits of ex officio enforcement (government
resources);
• Access barriers con=nue to drive demand for
piracy (pricing, licensing/distribu=on);
• No dialogue on business models. Enforcement
and educa=on dominate policy debates.
repressive measures
economic measures
educaRonal measures
“So the music companies, the recording
companies, and the cinema and video
companies, the MPA, they can’t talk about
pricing. They say [to the CNCP’s former head],
‘Luiz Paulo, we’re not going to talk about
pricing, and you can’t talk about pricing.’ And
that’s it.”
Consultant, private sector
2
LEGISLATIVE LANDSCAPE
Graduated Response
• ISP Working Group (2008 ‐ );
– convened by the CNCP, includes ISPs, telecom
companies and industry;
– enforcement through contract law;
– bandwidth caps, not disconnec=on.
• Bill 5361/90;
– partly inspired by HADOPI;
– withdrawn afer strong public backlash.
Proposals
• Civil Framework for Internet Law (the Marco
Civil);
– a response to the cybercrime bill 84/99;
– concerned with Internet infrastructure, net
neutrality, user rights, privacy and freedom of
expression;
• Copyright Reform;
• The “Sharing License”.
pedro.mizukami@fgv.br