1_9786559085743

Professsor Leader:

Vicente Bagnoli

Professor:

Juliana Abrusio

nn A ls of the W orkshop

“D AtA s h A ring A n D C lim Ate A C tion in B r A zil ”

(15-16 December 2022 – São Paulo) mackenzie PreSbyterian univerSity

Reporters:

Ana Cláudia Ruy Cardia Atchabahian

Christiane Bedini Santorsula

Douglas Telpis Ferrante

Maria Beatriz Monteiro da Silva Elias

Vinicius Cervantes G. Arruda

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Capa e diagramação: Jéssica Razia

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eDuArDo ferrer mAC-gregor poisot

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JuArez tAvAres

Catedrático de Direito Penal da Universidade do Estado do Rio de Janeiro - Brasil luis lópez guerrA

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oWen m. fiss

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Professsor Leader:

Vicente Bagnoli

Professor:

Juliana Abrusio

nn A ls of the W orkshop

“D AtA s h A ring A n D C lim Ate A C tion in B r A zil ”

(15-16 December 2022 – São Paulo) mackenzie PreSbyterian univerSity

Reporters:

Ana Cláudia Ruy Cardia Atchabahian

Christiane Bedini Santorsula

Douglas Telpis Ferrante

Maria Beatriz Monteiro da Silva Elias

Vinicius Cervantes G. Arruda

Registration (8:00 – 09:00)

Opening Remarks (09:00 – 09:40)

Intro to the MPI project (09:40– 10:30)

Coffee break (10:30 – 11:00)

PANEL 1 - The role of the SDGs and data sharing to better address climate change and promote shared prosperity and inclusive grown (11:00 – 12:45)

PANEL 2 – The current data-related legal framework to tackle climate change: what is there and what is missing (14:00 –15:45)

PANEL 3 - Producing from the land: data-related business and technologies to tackle climate change and fostering prosperity and inclusiveness (16:15 – 18:00)

Friday 16 December 2022 ..........................................................

PANEL 4 – Consumption in the city: data-related initiatives to foster a sustainable consumption culture (9:00-10:45)

Coffee break (10:45 – 11:15)

PANEL 5 – Data-based initiatives to fight climate change: going beyond the market (11:15–13:00)

Closing remarks (14:00 – 14:30)

15

pAnel 1 ................................................................................................... 17

PANEL 1 - The role of the SDGs and data sharing to better address climate change and promote shared prosperity and inclusive grown

pAnel 2 ................................................................................................... 25

PANEL 2 – The current data-related legal framework to tackle climate change: what is there and what is missing

presentAtion

At the end of 2022, on December 15 and 16, Mackenzie Presbyterian University was the stage of an intensive journey of debates, exchange of ideas, as well as different and complementary points of view. A joint effort to discuss and ponder the Data Sharing and Climate Action in Brazil.

The setting for the debates was a modern building opened in 2016, the home of MackGraphe, the Center for Advanced Research in Graphene, Nanomaterials and Nanotechnologies, where different actors from a variety of backgrounds came together. Germany, Senegal, India, Ecuador, Chile, Colombia, Italy, Spain, and of course Brazil, were the multiple nationalities that joined together their efforts to address a goal that goes beyond Brazil. It is a mandatory topic of discussion for the whole world.

The Workshop is part of an international research project entitled “Regulation of the Data Economy in Emerging Economies: Shaping Data Sharing Policies to Promote the Sustainable Development Goals” headed by Max Planck Institute for Innovation and Competition in collaboration with international partners: Mackenzie Presbyterian University, Université Virtuelle du Sénégal, BML Munjal University of India and National Law School of India University, Bengaluru.

The international research is led in Brazil by the Competition Law Study Group of the Graduate (PhD and Master) Program in Political and Economic Law at Mackenzie Presbyterian University Law School.

The data economy offers great potential for emerging economies to achieve sustainable development goals (SDGs). However, data-sharing policies must be properly framed to leverage this potential. The workshop is a remarkable occasion which allows for the exchange of experiences and the collective creation of alternatives

for building a better, fairer, inclusive, and more equal society in different countries.

The project aims to define a holistic normative regulatory theory on promoting data sharing that will help to fulfill SDGs. It further aims to develop specific policies for data sharing in emerging economies and, ultimately, assist with possible legal reforms.

The Brazilian focus is on Climate Action (SDG 13) due to its relevance to the country and the world as well as the limited progress in achieving environmental goals, and especially the great potential to advance in this area by fostering the data economy.

SDG 13 takes urgent action to combat climate change and its impacts and according to the United Nations this is part of humanity’s code red warning: “Our window to avoid climate catastrophe is closing rapidly”.

Given the scope of the topic, the project is narrowed down to address environmental issues from a territorial perspective, considering the interrelation between agricultural production, transportation processes, and product consumption in cities. This poses questions on how agribusiness and excessive consumption impact climate change, a matter related to economic growth (SDG 8) and responsible consumption and production (SDG 12). It also raises questions about the impact of climate change on rural and urban life, which connects to issues of deforestation and life on land (SDG 15), and how to promote sustainable and clean cities (SDG 11). All of these are relevant topics on the Brazilian policy agenda.

In its first stage, the project is focused on the Amazon and Sao Paulo regions, each with their own rural/urban dynamics, but also interconnected along the national agribusiness product value chain. As evidence shows, agribusiness is one of Brazil’s main economic sectors, accounting for about 27.4% of GDP in 2021. It is also one of the sectors with the greatest potential to reduce greenhouse gases.

As noted by the OECD, while combating illegal deforestation is a priority, digital technologies based on big data and machine learning are also key to increasing farming efficiency and thus also

contribute to climate action. Finding more evidence on how datasharing initiatives can promote green production and growth, as well as deciphering the policy and technical challenges are concrete goals of the project.

The potential of the data economy also brings together stakeholders that promote a transition to more innovative, profitable, and less invasive business models. At the same time, it is essential to formulate concrete hypotheses in the field of competition, consumer protection, environmental law, data policy and innovation.

Prior to the workshop in Sao Paulo, the international research experienced a great sharing of knowledge in Dakar – Senegal and Bangalore – India. Those workshops raised the bar and inspiredbut also compelled - the Sao Paulo Workshop Team to put forth its best efforts to bring together different stakeholders, with specific skills, from different backgrounds, different institutions, and a variety of nationalities, to share their vast knowledge. Before the speakers had been invited, meetings were held to understand how they could contribute to the workshop.

The Workshop had the unique opportunity to listening to and debate with the speakers in five different panels.

PANEL 1 - The role of the SDGs and data sharing to better address climate change and promote shared prosperity and inclusive grown;

PANEL 2 – The current data-related legal framework to tackle climate change: what is there and what is missing;

PANEL 3 - Producing from the land: data-related business and technologies to tackle climate change and fostering prosperity and inclusiveness;

PANEL 4 – Consumption in the city: data-related initiatives to foster a sustainable consumption culture; and

PANEL 5 – Data-based initiatives to fight climate change: going beyond the market.

The full agenda of the Workshop and the YouTube link of the recordings of each panel can be found on the following pages of this Annals. The following pages also present a summary of the discussions held on each panel, the main contributions of the speakers, the highlights of what has already been achieved and the challenges to be faced.

A very special thanks to the Max Planck Institute for Innovation and Competition, represented by its director Professor Josef Drexl, for leading and funding this international research, and to Mackenzie Presbyterian University for taking part on this project and for hosting the Workshop.

The following academics were on the Sao Paulo Team to make the Workshop possible:

From Max Planck Institute for Innovation and Competition: Carolina Banda and Germán Johannsen.

From Mackenzie Presbyterian University Law School: Professor Juliana Abrusio, PhD and LLM candidates Giovanna Failache and Maria Beatriz Monteiro and undergraduate student Lucas Morimoto. A very special thanks to PhD candidate Christiane Bendini whose efforts and commitment were essential to make this Workshop happen.

Also from Mackenzie, Giovanna Guilherme, Sofia Donario, Douglas Ferrante, Vinicius Cervantes and Gustavo Altomari, all joined the team for the preparation of the Workshop.

Professor of Economic and Competition Law

Head of the Economic and Political Law Department

Coordinator of the Competition Law Study Group

Mackenzie Presbyterian University – Law School. vicente.bagnoli@mackenzie.br

AgenDA

“DAtA shAring AnD ClimAte ACtion in BrAzil”

(15-16 December 2022 – São Paulo)

Rua da Consolação, 930 - Consolação, São Paulo - SP, 01302-907, Brazil Mackenzie Presbyterian University

thursDAy 15 DeCemBer 2022

Registration (8:00 – 09:00)

Opening Remarks (09:00 – 09:40)

• Reverend Marcelo Coelho - opening prayer – Presbyterian Church of Brazil

• Maria Cristina Triguero Veloz Teixeira (Mackenzie, Coordinator of the PhD and Master Programs)

• Pedro Buck (Mackenzie, International and Interinstitutional Cooperation Coordinator)

• Josef Drexl (Max Planck Institute for Innovation and Competition, Director)

• Vicente Bagnoli (Mackenzie)

Intro to the MPI project (09:40– 10:30)

• Regulation of the Data Economy in Emerging Economies: Shaping Data Sharing Policies to Promote the Sustainable Development Goals. Josef Drexl (MPI)

• Previous experiences in Senegal - Mor Bakhoum and Minata Sarr (Université Virtuelle du Sénégal)

• Previous experiences in India - Arul George Scaria (National Law School of India University, Bengaluru), Vikas Kathuria (BML Munjal University) and Shraddha Kulhari (MPI)

• Brazil, Data Economy & Climate Action: methodology overview, Carolina Banda and Germán Johannsen (MPI) and Vicente Bagnoli (Mackenzie)

https://youtu.be/pUiUbas4yVw

Coffee break (10:30 – 11:00)

PANEL 1 - The role of the SDGs and data sharing to better address climate change and promote shared prosperity and inclusive grown (11:00 – 12:45)

Summary: The panel will discuss the validity of the SDGs framework for law and policy design, as well as the interconnection between the different SDGs in the world and in the specific context of Brazil, will be discussed in this panel. The project’s primary focus is on Climate Action (SDG 13) due to its relevance for Brazil and the world. Given the scope of the topic, the project is narrowed down to address environmental issues from a territorial perspective, considering the interrelation between agricultural production, transportation processes, and product consumption in cities. This opens up questions on how agribusiness and (city) consumption impact climate change, a matter related to economic growth (SDG 8) and responsible consumption and production (SDG 12). It also raises questions about the impact of climate change on rural and urban life, which connects to deforestation and life on land (SDG 15), and how to promote sustainable and clean cities (SDG 11).

Intro / Moderator: Vicente Bagnoli (Mackenzie)

• Giovanni Napolitano (WIPO, Director Intellectual Property and Competition Policy)

• Paulo Furquim de Azevedo (Insper and former Commisoner of CADE)

• Dashiell Costa (TCU’s Secretariat for External Control of Agriculture and the Environment – SecexAgroAmbiental – and technical coordinator of the Global ClimateScanner Initiative)

https://youtu.be/Ir1HQY6xulg

– 15:45)

PANEL 2 – The current data-related legal framework to tackle climate change: what is there and what is missing (14:00

Summary: The focus of this panel is bringing together law and policymakers from relevant fields to assess the existing legal framework on data sharing and discuss the potential of the data economy for climate action in Brazil (and Latin America). Hence, we would like to invite relevant experts in the field of competition, consumer protection, environmental law, data policy and innovation. The idea is to formulate concrete hypotheses that can then be discussed considering the insights provided in the following panels.

Intro / Moderator: MPI Mack Team – Carolina Banda & Gérman

Johannsen

• Juliana Abrusio (Mackenzie) – Open data, data portability and environment

• Nicolo Zingales (CTS-FGV, Brazil) – Open data, data collaboratives: leveraging points to increase data sharing in the Brazilian framework

• Roberto Pfeiffer (USP, Brazil)

• Juan David Gutiérrez (U. del Rosario, Colombia) – Is antitrust a balm or a thorn in the side of the Amazon?

• Felipe Irarrázabal (CeCo, Chile) – The importance of a regional approach in digital markets

https://youtu.be/klQft_Ol7yg

from the land: data-related business and technologies to tackle climate change and fostering prosperity and inclusiveness (16:15 – 18:00)

PANEL 3 - Producing

Summary: This panel focuses on the potential of the data economy to support a more environmentally sustainable use of the land. It brings together different stakeholders in order to show already existing market-based solutions, better assess drawbacks and already glimpse (potential) policies in that regard. It has a particular emphasis on the Amazon and Sao Paulo regions. This panel also brings stakeholders that promote a transition to more innovative, profitable and less invasive business models.

Intro / Moderator: MPI Mack Team – Giovanna Failache & Germán

Johannsen

• Ary Fortes (Embrapa, Brazil)

• Fernanda Facchini (Natura)

• Tiago Reis (Trase, Brazil) – Tracing the origin of products

• Andressa Schmeling (Agrosmart, Brazil) – Precision agriculture

• Tereza Carvalho (Amazonia 4.0) Transition to bioeconomy

https://youtu.be/hnyfkhXMf7s

friDAy 16 DeCemBer 2022

PANEL 4 – Consumption in the city: data-related initiatives to foster a sustainable consumption culture (9:00-10:45)

Summary: The flip side of production in the land is consumption in the city. One of the major problems with respect to sustainable consumption is the lack of information along the product value chain as to whether it respects environmental standards. Research shows that traceability might be a tool for reducing the effects of climate change and it also addresses informational market failures and generate trust in public policies. Hence, from our methodological perspective, traceability will be a central concept. This panel narrows down to São Paulo city, and we would like to invite private and public initiatives that focus primarily on solving this information-related problem through data-based technologies.

Intro / Moderator: MPI Mack Team – Christiane Bedini & Vladimir Maciel (UPM)

• Bruno Flach (IBM Research Group)

• Andrea Malerba and Mariana Gonçalves Castro Thome Soares (ENEL)

• Anna Carolina Meireles de Oliveira (TIM)

• Simão Saura Neto (SP Trans - Superintendente de Engenharia Veicular e Mobilidade Especial)

• Marcela Santos (São Paulo Parcerias)

https://youtu.be/2p7mBtY0HRI

Coffee break (10:45 – 11:15)

PANEL 5 – Data-based initiatives to fight climate change: going beyond the market (11:15–13:00)

Summary: Several data-related initiatives have been identified whose main objective is not to correct a market failure, but to produce a common good to fight climate change. Many of these initiatives come from organizations formed by private companies, research centers and public agencies, in a joint effort to create relevant inputs to fight climate change. Concerns about deforestation and greenhouse gas emissions are some of the main issues that will guide this panel discussion.

Intro / Moderator: MPI Mack Team – Maria Beatriz Monteiro & Carolina Banda

• Carolina Andrade (IGARAPE, Brazil) – deforestation and criminal offences

• Leonardo Capeleto (USP, Brazil) – Fighting the impact of climate change and urbanisation with MAR

• Marcos Rosa (MAPBIOMAS, Brazil) – mapping deforestation

• Julia Shimbo (SEEG, Brazil) – measuring GHG emission

• Marcelo de Medeiros (IMAFLORA, Brazil) – open data & environmental authorities

Closing remarks (14:00 – 14:30)

• Josef Drexl (Max Planck Institute for Innovation and Competition, Director)

• Vicente Bagnoli (Mackenzie)

https://youtu.be/1gd_yzwLQEk

pAnel 1

PANEL 1 - The role of the SDGs and data sharing to better address climate change and promote shared prosperity and inclusive grown

Summary: The panel will discuss the validity of the SDGs framework for law and policy design, as well as the interconnection between the different SDGs in the world and in the specific context of Brazil, will be discussed in this panel. The project’s primary focus is on Climate Action (SDG 13) due to its relevance for Brazil and the world. Given the scope of the topic, the project is narrowed down to address environmental issues from a territorial perspective, considering the interrelation between agricultural production, transportation processes, and product consumption in cities. This opens up questions on how agribusiness and (city) consumption impact climate change, a matter related to economic growth (SDG 8) and responsible consumption and production (SDG 12). It also raises questions about the impact of climate change on rural and urban life, which connects to deforestation and life on land (SDG 15), and how to promote sustainable and clean cities (SDG 11).

Intro / Moderator: Vicente Bagnoli (Mackenzie)

Reporter: Douglas Telpis Ferrante (Mackenzie – PhD candidate)

• Giovanni Napolitano (WIPO, Director Intellectual Property and Competition Policy)

• Paulo Furquim de Azevedo (Insper and former Commisoner of CADE)

• Dashiell Costa (TCU’s Secretariat for External Control of Agriculture and the Environment – SecexAgroAmbiental – and technical coordinator of the Global ClimateScanner Initiative)

The panel discussed the validity of the SDGs framework for law and policy design, as well as the interconnection between the different SDGs in the world and in the specific context of Brazil. The project’s primary focus was on Climate Action (SDG 13) due to its relevance for Brazil and the world. Given the scope of the topic, the project is narrowed down to address environmental issues from a territorial perspective, considering the interrelation between agricultural production, transportation processes, and product con-

sumption in cities. This opens up questions on how agribusiness and (city) consumption impact climate change, a matter related to economic growth (SDG 8) and responsible consumption and production (SDG 12). It also raises questions about the impact of climate change on rural and urban life, which connects to deforestation and life on land (SDG 15), and how to promote sustainable and clean cities (SDG 11).

Vicente Bagnoli (Brazil, professor at Mackenzie Presbyterian University) was the moderator, introducing the panel. The speakers were: (i) Giovanni Napolitano (Italy, WIPO, Director Intellectual Property and Competition Policy); (ii) Paulo Furquim de Azevedo (Brazil, Insper and former Commisoner of CADE); (iii) Dashiell Costa (Brazil, Secretaria de Controle Externo de Agricultura e do Meio Ambiente do TCU – SecexAgroAmbiental – e technical coordinator at Global ClimateScanner).

Giovanni Napolitano began the presentations, explaining what the WIPO Green is: a global online marketplace for sustainable technologies with the following purposes: (i) boost global efforts to address climate change by connecting providers and seekers; (ii) support innovation and innovators, particularly in the developing world; (iii) guide member states to leverage IP and innovation to address major policy issues related to climate change, food security and the environment. There are more than 120.00 technologies available, more than 2.500 user worldwide and more than 800 connections (i.e., more than 800 joint projects have been established). Then, he mentioned and explained the acceleration projects. The panelist mentioned several annual acceleration projects since 2015, except in 2020 because of COVID-19: wastewater treatment (2015: Indonesia, Philippines and Vietnam); agriculture and water (2016: Ethiopia, Kenya and Tanzania); water (2017: Switzerland); energy, clean air and agriculture (2018: Cambodia, Indonesia and Philippines); climate smart agriculture (2019: Argentina, Brazil, Chile, Peru); palm oil treatment (2021: Indonesia); China Cities (2022: China). Projects since 2019 are still ongoing.

Acceleration projects work with partners to explore local environmental challenges and green opportunities. Main points explored within the subject WIPO Green acceleration projects: (i) active and focused matchmaking; (ii) need to identify needs and propose solutions; (iii) specific subject and location; (iv) work through local consultants; (v) act as technology agent for need owners; (vi) matchmaking events as relevant; (vii) database is a central tool. The following projects were mentioned as highlights: (i) Climate Smart Agriculture in America; (ii) China Smart Cities; (iii) Treating and valorizing palm oil mill effluent in Indonesia. In several countries, with emphasis to Brazil and Latin America, there is a project named “Climate Smart Agriculture in America”. There is a focus in specific areas (such as forestry water and coastal regions) and technologies that may help in the implementation of the project’s purposes. Intellectual property may also help in the implementation, not only to make sure that the parties would agree on the transfer of technology but also to make it happen in an expedite way. Climate change is leading to multi-billion-dollar losses in crop yield and affecting the health of forest ecosystems. Technology can help farmers and forest managers monitor crop and forest health, adapt their practices, use resources more efficiently and manage climate risk. Embrapa is one of the representatives also involved in this project. It was presented at COP27 in Egypt.

The panelist then mentioned the LAC Climate Smart Agriculture project in Brazil, Argentina, Peru and Chile, aiming at identifying needs and propose solutions related to sustainable agriculture, forestry, soil-decarbonization, zero-till, wine sector. It stressed the fact that is was launched in 2019, creating strong network of partners, with more than 200 stakeholders contacted, 185 uploads to database, 70 needs and 115 technologies. Japan government provided funds to the second and third phase. Brazil Acceleration Project is therefore part of the LAC acceleration project. Phase 2 of this project focus on no-till agriculture and renewable energy in NE Brazil, identify needs with no-till farmers and farmers/communities, especially solar powered irrigation. Phase 3 started in 2022, with

focus in agriculture sector: renewable energy, sustainable mechanization, integrated pest management.

Lastly, he explained the relationship between competition and sustainability, and implications for Intellectual Property. Competition and sustainability have only recently started to be discussed among competition agencies at the international level. The discussion affects several aspects of a competitive assessment in relation to sustainability: (I) dealing with cooperation among competitors; (ii) assessing a merger that results in the development of long term green technologies; (iii) dealing with dominant companies’ decisions to possibly introduce green solutions more expensive for consumers.

Competition and sustainability implications for IP: (i) identifying the IP-related conducts under potential antitrust scrutiny, particularly when competitors share sensitive data; (ii) assessing the different operational option concerning the joint endeavor (e.g. a third party research lab to which participating companies confer their IP); (iii) assessing the options concerning the management of IP resulting from joint research activities on sustainability vis-à-vis antitrust assessment; (iv) identifying good practices that may help companies and competition agencies find balanced solutions to the IP / Competition interplay.

Implications for IP: (i) management of IP input by companies participating in joing projects (so called background IP); (ii) ownership of the IP generated by collaborations (so called foreground IP); (iii) exclusive / open licensing; (iv) the IP contribution in private/ public partnerships.

Conclusions - upsides and downsides, and what should be improved:

His presentation stressed the importance of WIPO Green acceleration projects as well as the importance of each stakeholder to its purpose, including the important role of technology and cooperation between companies. It entails risks when it come to the interpretation of competition authorities upon such cooperations. Prudent interpretation of competition law may induce timid initiatives with little environmental impact. Another one is how to deal to what happens to mergers in terms of what could be the de-