A tutela jurídica dos bens de marcas de prestígio

• Autor(a) principal: Santos, Ana Carolina Reis Ribeiro
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/35348
• topic: Direito

We are currently living in a society of consume, with a growing number of companies and entrepreneurs, facing the wide range of competition that exists, seeking to highlight their products and services from their competitors. One way to do this is through intangible assets such as trademarks. Trademarks are industrial property rights, consisting in function signs that aim to distinguish products and services from a company. There are also trademarks that have stood out over time, acquiring exceptional notoriety – the well-known trademarks – and trademarks that, along with the notoriety, are recognized by their singular quality, benefiting from major attraction and satisfaction within the public – the prestigious trademarks. The present study focused on the latter, analysed the regime that protects the goods and services distinguished by them. It resulted from the analysis made that prestigious trademarks have an ultra-protection to which corresponds an exception to the Principle of Specialty of the trademarks. The protection conferred to them is divided in four mechanisms: administrative procedures, criminal procedures, penalty procedures and, last, civil procedures such as the unfair competition institute, as it aims to protect competition by sanctioning illicit means used by competing parties. However, it has been concluded that, despite the protection conferred, there is a failure to protect the external appearance of the goods, what characterizes them, i.e., how they are presented on the market and, therefore, indicates their origin. It was studied trade dress, as a way to complement the protection of the goods distinguished by prestigious trademarks, and it was verified that it would fill this gap. Not being an autonomous figure, it represents a reinforcement for the Industrial Property Law and should be protected under the Trademark Law.