Banca de QUALIFICAÇÃO: DÉBORA MILANI PROVIN

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : DÉBORA MILANI PROVIN
DATE: 25/03/2025
TIME: 10:00
LOCAL: IFRS On line
TITLE:

MORALS AND GOOD MANNERS: AN ANALYSIS OF THE GENERAL OVERVIEW OF THE GROUNDS FOR THE REGULATION OF REJECTION OF TRADEMARK REGISTRATION UNDER ARTICLE 124, III, OF THE LPI

KEY WORDS:

Trademarks; Limitation; Morality and Good Customs 

PAGES: 50
BIG AREA: Ciências Sociais Aplicadas
AREA: Administração
SUBÁREA: Administração de Setores Específicos
SUMMARY:

In Brazil, Law No. 9.276/96, known as the Industrial Property Law (LPI), is the
legislation that regulates rights and obligations related to industrial property (IP),
including trademarks and other related assets. However, regarding trademarks
specifically, concepts related to "morality and good customs," "offense to the honor or
image of individuals," and "sentiments worthy of respect and veneration" present a
significant degree of breadth and subjectivity.
Given this context, the present study aims to map the justifications for trademark
registration refusals in Brazil based on Article 124, III of the LPI, during the period from
July 1, 2019, to July 1, 2024. The objective is to propose an administrative act to be
used by the National Institute of Industrial Property (INPI) to make the reasons for
refusing a trademark under this article more transparent, clear, and objective.
For the development of this study, a qualitative and quantitative approach will be
adopted, with an exploratory and descriptive nature, based on bibliographic and
documentary research. The aim is to analyze the content of trademark registration
refusal decisions based on Article 124, III of the LPI.
Preliminary results that justify the development of this study indicate that, due to the
LPI and the INPI's Trademark Manual failing to clearly and objectively define the
concept of morality and good customs, the technical examination carried out by this
body may be subjective, influenced by the personal convictions of the examiner.
Additionally, it was observed that INPI follows a pattern in its justifications for refusals
based on Article 124, III of the LPI, which allows for the creation of categories and
subcategories of justifications, grouping them according to the content of each
analyzed decision.

COMMITTEE MEMBERS:
Presidente - GENIZIA ISLABÃO DE ISLABÃO - IME
Externa à Instituição - LUCIANA PORTAL DA SILVA - INPI
Externo à Instituição - CARLOS HENRIQUE SABINO CALDAS - UEMG