Banca de QUALIFICAÇÃO: Yohanna Marêssa Alves Borges

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : Yohanna Marêssa Alves Borges
DATE: 22/09/2022
TIME: 18:00
LOCAL: plataforma teams
TITLE:

COMPARATIVE STUDY: LUSO-BRAZILIAN ARBITRATION OF INTELLECTUAL PROPERTY CONFLICTS

KEY WORDS:

Intellectual Property, Innovation and Development

PAGES: 35
BIG AREA: Ciências Sociais Aplicadas
AREA: Administração
SUBÁREA: Administração de Setores Específicos
SUMMARY:

Brazil and Portugal are countries that today have a shared history for more than three hundred years. The relationship between the countries expresses proximity of moral, political, cultural, social and economic interests, as well as friendship, cooperation and consultation ties between republics. With so much similarity between these countries, arbitration reduces the procedural volume that permeates the Judiciary, being a technique that takes an average of six months in Brazil and twelve months in Portugal.In this scenario, when the parties take the conflicting demand to the arbitration method, a specialized decision is made and based on the interests and needs of the market, a factor that ends up benefiting society as a whole.With arbitration, those people who really need protection for unavailable rights, that is, rights that are non-negotiable and can only be dealt with by the Judiciary, can use the service without having to wait for a long time or spend resources on attorney fees. The protection of trademarks necessarily requires that the Judiciary Power or the Arbitration Court act with agility and that they are always guided by the legislation in force. Brands are intangible assets of great importance to the entrepreneur, because, whether Portuguese or Brazilian, they are a business distinction tool and, consequently, are responsible for generating resources, and for the technological and marketing development of Brazil and Portugal. In this vein, the comparative study analyzed the laws and judicial, administrative and arbitration sentences, which have as their theme the violation of trademark rights, issued in both countries. These countries have some cultural similarities, starting with the language, but which also present differences that are reflected in the way in which the decision on improper use of the trademark is made. It was possible to detect that in both countries there is the phenomenon of the Judiciary Power crisis. In Brazil, the problem of delays is more aggravated than in Portugal, but there is still an exacerbated delay in the resolution of civil and commercial judicial cases in both countries. It is noteworthy that civil and commercial processes are the field where trademark conflicts are found. With regard to speed, it was found that arbitration in Portugal is not much different from ordinary justice, on the contrary, taking this into account, it is a disadvantage to opt for the arbitration procedure in the event of a conflict involving trademarks. This is because it takes almost twice as long to resolve the dispute. The only difference is the lower financial costs of arbitration than the dispute in ordinary justice.In Brazil, both costs and time for conflict resolution are more profitable than in Portugal. Another important point observed in both legal systems is the lack of incentive and interaction between government, academia and business. It was found that there is no intercommunication between the triple helix, a factor that made it difficult to research the framework to support the present study. It is necessary to encourage arbitration focused on intellectual property and help society with regard to the relieving of the Judiciary, in order to leave it free for those who need it. And, concomitantly in the specialization of professionals specialized in solving problems that the intangible active involvement called brand.

BANKING MEMBERS:
Presidente - 1719905 - GRACE FERREIRA GHESTI
Externa à Instituição - CRISTINE ELIZABETH ALVARENGA CARNEIRO - UFOB
Externa à Instituição - LUCIENE FERREIRA GASPAR AMARAL - MS