by Markus Michael de M. Wolff
November 21, 2005
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Introduction
The present brief presentation intends to show the interaction between the protection of industrial property, especially industrial design, and the freedom of competition in the Brazilian legal system.
In order to facilitate this analysis, it was chosen the concrete case of the design protection of automobile spare parts, considering the different positions regarding this subject in the USA, European Union and Brazil.
First it will be necessary to situate the industrial property rights and antitrust law in the Brazilian legal system. A verification of the legal measures available in Brazil to balance the relation between industrial property and freedom of competition, especially in the case of design protection, is also provided.