MANUAL PARA CARACTERIZAÇÃO E IDENTIFICAÇÃO DO TRADE DRESS (CONJUNTO-IMAGEM)
Intellectual Property, trade dress, image-set, unfair competition,
innovation.
The present work seeks to analyze the concept of trade dress and the existing
problem in the absence of legal protection in Brazil, a topic of fundamental
importance in view of the dynamics of the market, in which companies have
multiple intellectual property assets. The general objective is to analyze the
reception of the concept of trade dress in the legal system of intellectual property
in Brazil and, specifically, to answer the question whether it is possible to set
objective criteria to help identify the trade dress. Addressing this point is crucial,
considering the existing gap in the Brazilian Law on the subject, so that, through
the establishment of objective requirements, it seeks to help trade dress holders
to identify their existence in their business or products, as well as the judges and
operators of law to solve eventual problems involving the subject. Through an
exploratory descriptive study of a mixed approach (quanti-qualitative), the data
analyzed in the work will be collected through the literature, as well as judicial
decisions of all the Courts of the Federation and interviews with legal operators
and specialists in the subject for validation of the criteria to be set. Finally, it is
expected to have a conclusion at the establishment of objective criteria to identify
and characterize a trade dress, in order to generate a Manual for application in
Brazil, the technological product of this study.