ABES' Legal Director, Manoel Santos, presented the lecture "Infractions to Intellectual Property as an act of Unfair Competition", during the 7th ABF (Brazilian Franchising Association) Legal and Business Management Symposium, held on September 19 and 20 at the ABF Training and Events Center, in São Paulo.
The jurist addressed the most current topics related to the New National Software Law, the definition of the products that are covered by the law, the copyright related to these products, the infractions and the foreseen penalties.
According to a survey by BSA – The Business Software Alliance, the software piracy rate in Brazil still reaches 53% of the market. When using a pirated program, a franchised unit can harm the result of its work, reflecting on the entire network in which it is a part. For the legal director of ABES, the franchisor has a legal duty to inspect establishments with its brand and to strive for equal competition within its group.
“With a more in-depth knowledge of software laws, the legal sector of companies can help to avoid unfair competition and the penalties provided by law on the illegal use of software, which involve imprisonment from 6 months to 4 years, fine and compensation that can reach 3 thousand times the value of each software”, says Manoel Santos.
The event, which brought together lawyers and consultants to discuss the most important legal issues related to franchising, is one of the most important in the ABF calendar and an opportunity for participants to update themselves on legislation, taxes and other issues that permeate the sector.
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