Clipping of news on Brazilian Culture, Law and Citizenship
20/07/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
The Board examines the Bill 3074/11, Senator Antonio Carlos Valadares (PSB-SE), which makes it more comprehensive concept of the crime of unfair competition, aiming to expand the protection of trademarks - high and medium renown. The proposal also extends the cases in which the registration of trademarks will be denied, also with the aim of protecting existing brands.
The proposal, already approved by Senate, amending two articles of the Law 9.279/96, which regulates the rights and obligations regarding industrial property.
"I believe that with the approval of the project, we can actually prohibit the registration of reproductions or imitations likely to cause confusion or association with third party mark, benefiting not only the holders of violáveis brands, but also to potential violators of honest competitors," said Senator.
Trademark registration
The law already prohibits the registration of a trademark in which there is a reproduction or imitation, in whole or in part, mark registered by another party, for the registration of a product or service that is identical, similar or related, likely to cause confusion or association with third party mark.
The bill adds that the prohibition of the registration extends to cases in which the mark is intended to product or service different field of activity, if the trade mark owner to demonstrate that imitation sets up unfair competition, injury to his image or misuse of its prestige.
Unfair competition
For current law, it is framed for the crime of unfair competition who uses or imitates expression or sign of another's advertising, so as to create confusion between the products or establishments.
The proposal also fits this crime the practice of so-called parasitic competition - which is characterized by the conduct of commerce or industry, even without intent to cause damage, takes advantage of the fame of a mark that is not your competitor.
Finally, the project falls within the crime of unfair competition who uses or imitates brand, advertising expression or sign unrelated to denigrate the image of company, product or service, though not competing in the same market.
Reputation
The author explains that the highly reputed brands already have ample legal protection. In general, these tags are used in many different products. The expansion of the concept of unfair competition under the project, benefits the average renowned brands, which have more restricted use and only have legal protection against competitors within the same industry.
"There is mildly famous brands that can be used maliciously in other fields of activity for which are not protected," says the author of the project.
Conduct
The project will be analyzed by the Economic Development, Industry and Commerce, and the Constitution and Justice and Citizenship (including merit). After heading to vote in plenary, on a priority.
Source: Agency Board News
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This article was translated by an automatic translation system, and was therefore not reviewed by people.