Publicidade comparativa e a possibilidade de configuração de ato de concorrência desleal

• Autor(a) principal: Coto, Fernando Dias
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34166
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Propriedade industrial; Marca; Publicidade; Publicidade enganosa e abusiva; Publicidade comparativa; Concorrência desleal; CONAR; Industrial property; Brand|Publicity; Misleading and abusive advertising; Comparative advertising; Unfair competition; CONAR

Advertising since the beginning of the development of the media has been used in a comprehensive way, and has been improved, growing significantly from the increase in consumer relations and market development, and along this evolutionary line emerges a kind of advertising designated as comparative. Thus the present work intends to analyze the protection of the intellectual property law against the use of the brand, as well as the concepts that permeate the advertising theme, after dealing with unfair competition and verifying the appropriate way to use comparative advertising, in order to avoid abuse, misrepresentation or violation of the rights of competitors and above all of consumers, through a study compared to the legislation and understanding on the subject at an international level, also bringing practical cases to analyze the position of CONAR - National Council of Autorregulamentação Publicitária regarding the subject, in front of the Brazilian Code of Self-Regulation Advertising, as well as the doctrine and jurisprudence of the Brazilian courts. In addition, the present work seeks to analyze the extension of the comparative advertising without configuring an unfair competition act. This analyses is pertinent, since comparative advertising, when well used, can be beneficial to the consumer, if it provides to consumers informative and maintains truthfulness with what it is being presented, without denigrating the image of the competitor, or transmitting untrue information to the consuming public, in accordance of the competition law and grounded in the protective order of the consumer's right, serving as consumption promotion. Thereby, the current work seeks to explore the Comparative Advertising through the main standards of the Advertising, as well as legislative references, doctrinaire analysis and jurisprudence from CONAR and Judicial Branch, according to the topic of fair competitio