O caso ANFAPE: o que nos diz a experiência internacional

Abstract

The present study demonstrates how the intellectual property rights and competition, instruments that seek, by different means, to encourage technological innovation by agents in the market, may become antagonistic when exercised unconscionably. To do so, the automotive replacement market will be analyzed based on the so-called ANFAPE case, an entity that formulated a representation in the Administrative Council of Economic Defense denouncing the conduct of three major national automakers. The conduct concerned a possible abusive use of industrial design registrations, a kind of industrial design, by automakers, aiming to eliminate competition from independent manufacturers from auto parts industry. To seek solutions to cases like the ANFAPE, a research will be carried out on the subject in three relevant markets: European, North American and Australian, investigating how the issue is discussed, analyzing the proposals of each of them and their possible contributions to the Brazilian case.