Usurpação da marca alheia frente à concorrência parasitária e aproveitamento parasitário

• Autor(a) principal: Heerdt, Juliano Junior
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5480
• topic: Marcas; Concorrência desleal; Concorrência parasitária; Aproveitamento parasitário

The study of this paper is to analyze the forms of usurpation of another's trademark for unfair competition and parasitism, since characterizing acts of unfair competition are arranged in legislation exhaustive list and forms of parasitism are not listed in the legal system doing so in doubt and uncertainty as to how to repress them. As main objective research attempts to answer the forms of parasitism can be considered forms of unfair competition, even if not explicitly present in the legislation. The study has bibliographic nature, which encompasses reading doctrines, magazines, legislation on the subject, among others. The method of approach to the development of research to be used is deductive. Regarding the approach, this study will use a qualitative and descriptive level, considering that if you want to study, understand, conceptualize, identify, observe and correlate the aspects involving the usurpation of the brand by the practice of parasitism. It was found that this unfair competition expressed in Industrial Property Law 9.279 of May 14, 1996, as crime and parasitic competition can be taken for this species, the parasitic exploitation and other forms of usurpation of the brand can not be curbed based on unfair competition. The first chapter will address the principles of the brands and the necessary requirements for registration, the second chapter will be considered illegal free enterprise competition and unfair competition and ultimately be adduced the main differences between parasitic and parasitic competition use.