NDLI: 13 Copyright, Human Rights, and the Social Function of Property in Brazil

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Table of Legislation

1 The Transformation of Global Intellectual Property Protection: General Introduction

2 Effects of Combined Hedging: Overlapping and Accumulating Protection for Intellectual Property Assets on a Global Scale

3 The New Constitutional Architecture of Intellectual Property

4 From Flexible Balancing Tool to Quasi-Constitutional Straitjacket—How the EU Cultivates the Constraining Function of the Three-Step Test

5 Hedging (into) Property?—Invisible Trade Secrets and International Trade in Goods

6 A Market-Friendly Human Rights Paradigm for Intellectual Property Rights in Europe?

7 Hedging Bets with BITS: The Impact of Investment Obligations on Intellectual Property Norms

8 The Second Transformation of the International Intellectual Property Regime

9 Technical Assistance as a Hedge to Intellectual Property Exclusivity

10 Too Small to Matter? On the Copyright Directive’s Bias in Favour of Big Right-Holders

11 Multilevel Constitutionalism and the Propertisation of EU Copyright: An Even Higher Protection or a New Structural Limitation?

12 The Revitalisation of the Object and Purpose of the TRIPS Agreement: The Plain Packaging Reports and the Awakening of the TRIPS Flexibility Clauses

13 Copyright, Human Rights, and the Social Function of Property in Brazil

14 Hedge or Counterweight? New Constitutionalism and the Role of the Canadian Charter of Rights and Freedoms in Intellectual Property Litigation

List of Contributors

13 Copyright, Human Rights, and the Social Function of Property in Brazil

Content Provider	Oxford Academic
Author	Allan Rocha de Souza
Editor	Jonathan Griffiths Tuomas Mylly
Abstract	This chapter discusses copyright dynamics under the Brazilian Federal Constitution, which positions human rights at the core of the entire legal system, opening the law to the influence of new international human rights treaties. The protection of property rights, as well as the obligation to fulfil property's social function, are inscribed within such rights, establishing a dynamic between individual and collective interests in proprietary institutions. In this context, how is the constitutional copyright system to be understood and applied in the courts of Brazil? How do proprietary and non-proprietary, economic and social, individual and collective interests, arguments and rationales relate to one another in shaping copyright protection under the Brazilian Constitution? The chapter addresses these questions with a particular focus on two key issues that have recently been faced: the regulation of collective management and the interpretation of limitations. After an explanation of the legal structure supporting copyright in Brazil and a description of the process of constitutionalisation of private law in general, the chapter examines both key issues, with reference to relevant leading cases in the highest courts in Brazil.
Related Links	https://academic.oup.com/book/41133/chapter/350651117/chapter-pdf/49853698/oso-9780198863168-chapter-13.pdf
ISBN	9780198863168
DOI	10.1093/oso/9780198863168.003.0013
e-ISBN	9780191895661
Language	English
Publisher	Oxford University Press
Publisher Date	2021-11-22
Access Restriction	Open
Subject Keyword	Intellectual Property Law Law Copyright Protection Brazilian Federal Constitution Human Rights International Human Rights Treaties Property Rights Brazil Collective Management Interpretation of Limitations Constitutionalisation Private Law
Content Type	Text
Resource Type	Chapter
Subject	Law

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