Banca de DEFESA: PRISCILA DOS SANTOS CAPPELETTI

PROOF FOR THE SPECIAL CONDITION OF PROTECTION OF HIGH RENOWN: AN ANALYSIS AS TO THE SUBJECTIVITY OF THE REQUIREMENTS IN ORDINANCE INPI/PR No. 08/2022

Trademark registration; Highly renowned brands; Industrial property.

There are brands that exceed their notability in the market, and for these brands, the legislation has created a special protection mechanism. A unique protection, which encompasses all areas of activity, called a highly renowned brand. INPI Resolution 107/13 established how article 125 of Law no. 9,279/1996 - Industrial Property Law, as well as the analysis guideline, however, did not establish specific evidentiary specifications to obtain special protection. The gap left by INPI Resolution 107/13, maintained in INPI/PR Ordinance No. 08/2022, on the legal criteria for proof, demonstrates the fragile scenario for obtaining high-renown status. The study sought to answer the following question: How does the INPI adopt the requirements of high-renown protection, given the gap in evidentiary standards linked to INPI/PR Ordinance No. 08/2022? Therefore, the general objective of this research was to analyze the criteria used by INPI in the protection of highly renowned brands. Thus, this work sought to provide a series of relevant indicators to guarantee legal certainty and promote highly renowned brands in Brazil, aiming for a facilitating and more assertive process for proving the brand at a national level. This is a research that analyzes the scenario of supporting evidence that elects the protection of highly renowned brands, using a qualitative-quantitative approach as its methodology, developed in three stages: bibliographical research, survey and exploratory research. Thus, in order to offer parameters for the promotion of this special protection, the study contributes to the creation of a Conclusive Technical Report/Manual for the validation of brands for highly renowned protection.