Direito da moda e second hand no Brasil: uma análise acerca da responsabilidade civil das plataformas on-line sobre a venda de produtos contrafeitos
The insertion of new forms of consumption in the citizen's daily life gives rise to social and market phenomena that demand innovation and adequacy from the legal system. Among these changes, the exponent growth of online sales platforms in the second-hand segment stands out, a modality already...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/51016 |
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| Resumo: | The insertion of new forms of consumption in the citizen's daily life gives rise to social and market phenomena that demand innovation and adequacy from the legal system. Among these changes, the exponent growth of online sales platforms in the second-hand segment stands out, a modality already quite consolidated internationally, but which has been gaining considerable relevance in Brazil, which involves not only the sale of used products, but also new products with significant added value. In this context, this market starts to deal with a problem: the sale of counterfeit products on their online sales platforms. In this sense, this study analyzed the panorama of civil liability on online sales platforms in the second hand modality. To achieve the main objective, data analysis of doctrine on fashion law were used; survey and cataloging of legal norms for the regulation of intellectual property and consumer protection; as well as the analysis of a concrete case under a documentary approach. Through qualitative research, it is concluded that the platforms have objective responsibility regarding the sale of counterfeit products, being able to respond, depending on their business model, in a solidary way for the act practiced. |
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