Marca tridimencional sua proteção e os aparentes conflitos com a proteção ortorgada por outros institutos

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

Three dimensional trademarks do not have a linear and devoid of obstacles historical acceptance in Brazilian law. Most of the objections for acceptance of the this protection stands in the difficulty of limiting what can be protected as three dimensional trademark and the alarm of granting a right that overpasses its own limits, conferring a monopoly of a three-dimensional form to only one owner. This study aimed, in a first moment, bring solutions and better understand the complexity of the three-dimensional trademark protection. This protection is nowadays accepted in Brazil, as it is not forbidden by the Brazilian industrial property law. The study comprehended not only the situation of three-dimensional protection inside trademark law, but also it was important to analyze this protection in relation to other intellectual property rights, which could apparently shock or cause abuses. In a first moment the study was dedicated to the three-dimensional protection and the signs can afford this protection in accordance to the Brazilian industrial property law (Federal Law 9279/06). Definitions and main characteristics of distinctive signs were brought as a way to introduce the study of the three-dimensional marks. The trademark analysis was made revisiting the sources of trademark law, its function and its basic and special conditions, which comprehension appeared to be of great importance for establishing threedimensional trademarks limits. In the second part, after understanding the three-dimensional shape under trademark protection, it was possible to examine the other types of intellectual property protection that the same format can afford (copyright and design protections). In the end of the second part of this study, the three possible protections, yet treated independently, were analyzed comparatively. The main points of the three protections were emphasized and their differences of purposes were demonstrated. Aspects which could apparently prohibit the cumulative triple protection in a unique shape were also enlightened. At this moment, it was also important to evaluate the difference and non possibility of cumulative protection in the same shape of the triple protection (trademark, copyright and design) with the utility model patent protection. The understanding of the system that composes and surrounds the protection of the three-dimensional trademark will allow to observe trademark theory from another point of view, emphasizing the essential trademark function

ASSUNTO(S)

selecione uma Área propriedade intelectual marca registrada marca tridimensional three dimensional trademarks

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