O reconhecimento, a proteção e as políticas públicas para as marcas não tradicionais à luz da Constituição de 1988.

Abstract

This thesis deals with the possibility of recognition and protection of non-traditional marks in Brazilian law, reaching it the status of a fundamental right order of intellectual property, correlated such right to the State duty to promote economic development and cultural protection in contemporary Brazil, through strategic actions and public policies, this is the central object of this research. The research problem that instigated this thesis and guarding because novelty for academic confrontation is, in view of the protection of the right to intellectual property in the 1988 Constitution and against international treaties to which Brazil is a signatory, is possible in current constitutional situation extend non-traditional marks protecting the same in the manner of other intellectual property rights in order to be in line also with the economic and cultural development esteemed by the Brazilian Constituent Assembly? The initial hypothesis is that front positivization brands as an intellectual property right of a fundamental right order, you can extend the non-traditional brands to protect, despite their non-recognition expressed by the ordinary legislator by the criterion of not being "visibly noticeable", given that the Constitution must be the beacon for interpretation of other laws in order and not vice versa, thus creating the need for protection and promotion by the state of public policies to encourage such a fundamental right. The approach method chosen for this research was deductive, which is characterized by the steps of observation and recording of all the facts, with qualitative research, focusing on the logic of understanding and explaining the dynamics of the relationships that involve the recognition and protection of non-traditional marks, such as economic and technological development strategy of the country. To face such content, it was decided to split into four chapters. In the first chapter to address the legal, economic and technological protection of intellectual property rights; in the second, it presents an overview of the protection of industrial rights and their economic consequences in Brazil; in the third chapter, we study the dimensions of the Law of Trademarks in Brazil for the last chapter deal on the recognition and protection of non-traditional marks possibilities. Concluding that it is possible to protect non-traditional marks, through the constitutional hermeneutics.