The international protection of trade secret / A proteção internacional do segredo industrial

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

The relevance of industrial property protection was carried out by the Industrial Revolution and, lately, by the French Revolution. The international protection to the industrial property had been originated in France, in 1883, with the adoption of the Union of Paris Convention for the Protection of Industrial Property, in which the legal treatment to patents and trademarks was set forth, as well as the obligation to the countries of the Union to make the protection against the unfair competition effective, pursuant to the article 10 bis, paragraph 1st of such Convention. However, only in the Agreement ontTrade-Related Aspects of Intellectual Property Rights - TRIPS, the trade secret has found effective international legal protection through the rules agaisnt unfair competition, in accordance with the article 39 of the referred Agreement. Thus, it is necessary to analize the definition, the legal nature, the legal regime and the aim of protection of trade secret from the respective regime of international protection. In this connection, it is important to emphasize the innmaterial nature of the trade secret and the requirements for its legal protection, the legal regime and the structure of the TRIPS and the industrial property constitutional fundament for its protection, which is connected to the social interest and the Brazilian technological and economic developement.

ASSUNTO(S)

propriedade industrial unfair competition industrial property trade secret international law direito internacional privado propriedade intelectual intellectual property segredo industrial concorrência desleal

ACESSO AO ARTIGO

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