Atos de confusão | 2012

Author(s) Filipa Maria Sampaio Lopes
Advisor(s) Luís Couto Gonçalves
Year 2012

Synopsis Our work has as main theme the confusion acts that represent a disloyal concurrency, when the requisites of the article 317º, a) of the Industrial Property Code are satisfied. We tried to provide a global vision of concurrency in a way of explaining the present market rules to reach the notion of disloyal concurrency and understand the limits that the several economic agents should respect and for their actions (involved in that desired free concurrency, feature of the market economies) do not fall in disloyalty. We centered most of our study in the featuring of the confusion acts in the requisites that must be observed for an action could be labeled as disloyal. We also defined them and pointed out figures that present similarities and differences with each other, embracing the Law in the European Union and in other juridical orders. Having the confusion acts as a starting point and always as the core theme, due their belonging in the Industrial Property Code, our study doesn’t approach only the inclusion of these acts in the discipline of the disloyal concurrency. In fact, we present, during this study, several examples that not belong (exclusively) in the disloyal concurrency. Thus, we highlight in our study the importance of the industrial property in the attribution of exclusive rights to their owners and the consequences of this transgression. This means that we might have a scenario when an action becomes a disloyal one because an exclusive right was infringed, and the opposite can also happens. At the same time, we tried to characterize the two notions, pointing out proximity and complementarity between both (not forgetting their independence). Addicionally, we strained to comprehend what solutions the law and the jurisprudence offer when a confusion act transgresses both notions. This means, when an act infringes the bases of the disloyal concurrency, spreads confusion in the target public andat the same time represents a transgression of an exclusive right.

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