Propriedade industrial: uma análise comparativa sobre sua aplicação no âmbito brasileiro e chinês.

Abstract

The present objective work to search the Brazilian legislation and the Chinese on the Industrial Property, looking to identical cases of disrespect or related abuses the protection of the intangibles. For in such a way, the methods the description-legal one had been used and how much the methodology, proceeded it bibliographical research, with studies the doctrine, the laws (Brazilian, Chinese and Treated International), scientific articles and the Internet, so that the objectives about the thematic one were boarded of current form. Ahead the reality of the mercantile relations and the new paradigms that determine it I deal between the great ones you harness economic world-wide, is essential the subject of the Industrial Property, it aims at to be an element with capacity to add value to the incorporeal good, to stimulate the competition of markets and to guarantee relative rights the technological advances. Initially, research on the history and the development of the Industrial Property had been carried through (since the beginning until its international), being boarded the Chinese legislation and the Brazilian. The Industrial Property was studied, especially, in the two above-mentioned States due China to be the biggest consuming market of the planet and for being a commercial partner of Brazil. Beyond, it withhold a great number of companies who are gifts in almost all the States of the globe. Brazil comes alerting world-wide interest due its consistent politics in the economic area and for withholds a modem law that deals with the Industrial Property and to be known as a State that started to recognize the rights of Patent and Register, beyond having a together production to the incentives of government in the area of products with added value, leaving of being a mere exporter of commodities to become a producer of good with high technological value Not forgetting, that both are integrant of the same economic block, the BRICS (Brazil, Russia, India and China), formed for the developing countries and with economic potential greater. They are also integrant of the World trade organization and consequently they are obliged to institute in its law the minimum standards established by the TRIPs, what they become its laws very similar and in general character adapted the lines of direction demanded in the mercantile relations. It is registered, that it was restored by the United States of America, in the scope of the OMC, the first complaint against China on an infraction to the TRIPs Agreement (relative the Industrial Property). It was restored in the scope of the OMC for, alleging that its politics economic it generates an unfair competition in relation to die markets of the too much States, it denounces strengthening it from improper suit against state of the Industrial Property involving China. This question, is therefore current, excellent, complex that demands of the States, also of Brazil, the respect International the Treated norms and. To the end of the research it was observed that in China has some situations of disrespect to the rights assured for the law of the Industrial Property, however, Brazil and the great powers prefer the legal unreliability with the Chinese market on good in exchange) to lose the partner advertising with the country that more consumes and produces products and services in the world.