Abuse of rights in industrial design of parts of complex objects” is subject of S.J.D. thesis defended by Senior Partner of Camelier Law Firm
The theme is current and is one of the most intriguing areas of law, the balance between intellectual property rights and antitrust law, especially the abuse of rights committed by the owners of industrial designs of parts of complex objects, whose protection causes damage to competition and consumers. Mr. Camelier points out that the law of industrial property in Brazil establishes novelty and originality as requirements for the registration of industrial designs, among other requirements.
Originality is the distinctiveness, that is, the uniqueness, of the object. In order to meet this requirement, a bumper, for example, should be identified by consumers as belonging to a particular vehicle, which in fact does not occur.
From the perspective of antitrust law, the registration as industrial designs of parts needed to restore the original appearance of complex objects promotes the anticompetitive practice of "tying delayed in time" – a concept introduced by this thesis.
By removing independent manufacturers from the aftermarket, an automaker condemns the consumer to buy only its own spare parts, which will inevitably be needed when the vehicle suffers damage to its external appearance.
The issue is controversial and is on the agenda of lawyers, legislators, judges, and especially of the Administrative Council for Economic Defense, the highest body that regulates competition in Brazil.
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