Banca de QUALIFICAÇÃO: FERNANDA MONACO DA SILVA EBELING

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : FERNANDA MONACO DA SILVA EBELING
DATE: 22/06/2023
TIME: 13:30
LOCAL: https://meet.google.com/exs-rdqv-ujt
TITLE:

Requirements for configuration of the civil conducts of unfair competition in Brazil.

KEY WORDS:

intellectual property; unfair competition; civil conduct; requirements; conditions; evidence.

PAGES: 51
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direitos Especiais
SUMMARY:

Free competition and free initiative, provided for in the Constitution of the Federative Republic of Brazil in 1988, enable practices of economic activities with ethical precepts and fair competition. However, when these practices violate principles of commercial honesty and good faith, unfair competition is configured. Although the legislation does not define it, protection against crimes of unfair competition is provided for in article 195 of Law 9.279/1996, which regulates the rights and obligations relating to industrial property and, in the civil sphere, is provided for in article 209 of the same law. The legislation does not determine the requirements for each of the items to configure unfair competition, leaving the State to resolve conflicts within the scope of competition, through lawsuits. In this way, this work seeks to answer the requirements for the configuration of civil conduct of unfair competition in Brazil. From this research problem, the objective is, in general, from the analysis of the literature and Brazilian jurisprudence, to establish minimum requirements necessary to configure the civil conduct of unfair competition. Thus, as specific objectives, we seek to understand the concepts of unfair competition in Brazilian legislation, in the literature and in the jurisprudence, especially of the STJ, to identify the necessary requirements to configure the civil conduct of unfair competition in the Brazilian context and to establish a proposal for analysis of anti-competitive conduct based on the requirements that constitute civil conduct of unfair competition. Therefore, from a qualitative and exploratory approach, the literature review will be carried out using the snowball technique. For the compilation and analysis of previous studies on the matter related to the requirements necessary to configure the civil conduct of unfair competition, a search was carried out on “Google Academic”. In addition to a bibliographical and documentary review to understand the concept of unfair competition, it is intended to carry out the technique of jurimetry, through research in the jurisprudence database of the Superior Court of Justice - STJ, to identify the requirements of each of the items. of article 195, to configure unfair competition. Finally, a semi-structured interview will be conducted with professionals in the area of industrial property, to validate these requirements. From the conclusion of the work, it is intended to prepare a conclusive technical report to collaborate with the work of professionals who work in the area of intellectual property, in order to objectify the means of proof to configure the requirements identified in each of the items of article 195 , of Law 9.279/1996.

COMMITTEE MEMBERS:
Presidente - 004.321.979-90 - KELLY LISSANDRA BRUCH - UFRGS
Interno - 1741645 - ERIK SCHULER
Interno - 1823720 - RODRIGO PEROZZO NOLL
Externa à Instituição - LIZ BEATRIZ SASS - UFSC
Externo à Instituição - MILTON LUCÍDIO LEÃO BARCELLOS - PUC - RS