By Resolution No. 0033-2024-DG-NT-SENADI, the National Service of Intellectual Rights issued the Technical Norm for the Application of Preparatory Procedures for the Protection of Intellectual Rights in the Digital Environment. The purpose of this rule is to regulate the provision and practice of preparatory verification procedures for the blocking of URLs that may infringe intellectual rights.
The purpose of this regulation is to mitigate the existing difficulty of identifying offenders in the digital environment. Thus, this mechanism seeks to curb these infringements by blocking URLs by Internet service providers based on IP addresses and access ports in the digital environment.
Definitions of the technical standard
Since this standard has several technical terms derived from information and communication technologies, it is anticipated to propose its own definitions, among which are the following:
- Digital environment: Computer network that allows interaction with people and organizations through digital media.
- Internet Service Provider: A company that provides third parties with the necessary capacity for the transmission of data and content between defined termination points in a network.
- Internet access service provider: Company that allows the provision of access to the World Wide Web, through platforms and networks implemented for such purpose.
- URL (Uniform Resource Locators): Web address, which allows the location of a site or page within the Internet.
- Access ports: Number that accompanies a URL, to identify the protocol used, in order to control the access of data sent and received.
- IP (Internet Protocol): Network protocol that allows communication through the web and allows locating and identifying a site within the Internet.
- Dynamic blocking: Subsequent blocking carried out from the execution of the initial blocking of the URL contained in the request for preparatory proceedings.
Request for the diligence
To request the preparatory proceedings, a request must be made to SENADI's Technical Directorate of Enforcement, under the requirements set forth in the regulation, identifying the rights allegedly violated and the infringing URL. The Directorate shall verify that the application is clear and complete, and shall arrange for its execution within ten days.
The Technical Directorate of Enforcement will review the content of the URL and if an infringement is verified will order its immediate blocking to the Internet service providers. In addition, if necessary, it will order its redirection to the website provided by SENADI, where users will be informed about the alleged infringement of intellectual rights.
Dynamic blocks
This is a legal figure widely incorporated in intellectual property matters. The rule provides that, within ten days after the blocking, the applicant may request dynamic blocking, provided that it is related to the same rights allegedly violated and to the alleged infringements of the initial claim. A maximum of two requests with a content of up to 15 URL's may be submitted.
Exceptions
The law raises three exceptions to the request for preparatory diligence, i.e. it will not be applicable to provide for the blocking of domain names, content on social networks or content through digital applications by any means or streaming.
Conclusion
Faced with the difficulty of determining the infringers of intellectual rights in the digital environment, this regulation promotes a mechanism for the application of preparatory proceedings that allow the blocking of URL's by means of a request to SENADI, being extended to other web domains.
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