Marcas e importação paralela: uma análise na interface direito de propriedade intelectual - concorrência
This work presents an analysis of parallel imports and trademark rights on brazilian law, using the interface of intellectual property and competition as a medium. The monograph begins with the constitutional contributions on the subject, primarily on the constitutional principles of freedom of ente...
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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/123456789/51724 |
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| Resumo: | This work presents an analysis of parallel imports and trademark rights on brazilian law, using the interface of intellectual property and competition as a medium. The monograph begins with the constitutional contributions on the subject, primarily on the constitutional principles of freedom of enterprise and free competition, with a brief focus on the state tutelage of competition through antitrust and repression of unlawful competition. The exhibition of essential themes and the analysis in the light of competition follows the scheme starting with general, intelectual property, to specific, the trademarks. In the secondo-to-last chapter, we present the parallel imports and its key components, the intellectual property rights exhaustion, its scope and the needed consent, based, also, on case analysis, finishing with an analysis of this comercial practice and the brazilian trademark protection. The conclusions points towards an incompatibilty between the national exhaustion regime of trademarks, and the following prohibition of parallel imports based on trademark rights, as a general rule, with the constitutional foundations concerning competition protection and the necessary balance between the trademark exclusivity and the trademark role on brazilian law. |
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