Uma análise do Instituto Nacional de Propriedade Industrial quanto aos registros de marcas

Resumo

The present study aims to quantitatively investigate the efficiency of the Brazilian National Institute of Industrial Property (INPI), also known as the Brazilian Patent and Trademark Office (BPTO) regarding to its interpretation of article 124 of the Law 9.279/96, commonly known as the Industrial Property Law (LPI), on the new trademarks registration requests. For achieving this purpose, public data will be collected and analyzed regarding the trademark registration processes within the INPI between years of 2013 and 2019. Specifically, there is special interest in verifying the frequency of subsection XIX of the above-mentioned article within the rejecting decisions of the institute, since this subsection characterizes the rejection of a trademark request based on a factual or potential conflict between distinctive signs registered by third parties, that, if coexistent with the proposed signal, would be able to generate confusion to the consumer. This interest, by itself, is based in two reasons: the first one, by the fact that the said subsection seems to be the main responsible cause for the rejection of new requests, which, if confirmed, will allow greater inferences about the efficiency of the agency regarding the trademark registration process. The second, because the assessment of trademark conflict, especially regarding to potential conflict, is pervaded by a high degree of subjectivity, therefore being subjected to discretionary judgements that are undesirable to the Law. Additionally, the theme also presents relevance, since it is intrinsically bonded to the entrepreneur and economic activities, to the technologic development of the State for a better public-serving practice; to the social interests of increasing in offer, that theoretically leads to the disposal of better products and services; to the historical moment of technological renewal of the legal field and, especially, because there are not many recent data collections, with such an approach, about this subject.

Ficha do documento

Tipo

Outro

Ano

2018

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Não informado

Identificador

oai:repositorio.fgv.br:10438/28242

Palavras-chave

Propriedade industrialMarcasColidência de marcasINPIEficiênciaIndeferimentoIndustrial propertyTrademarksTrademark overlappingBPTOEficiencyRejecting decisionsDireitoPropriedade industrial - BrasilMarca registrada