A proteção do direito da moda sob a perspectiva do direito internacional da marca: aspectos de propriedade intelectual

Abstract

This paper analyzes whether the Fashion Law has international juridical protection, and whether the Brazilian law embraces the contents of the international bills. The general object is to enable the evaluation of fashion protection at the international level and to establish the constitutional and infra-constitutional repercussions of this protection in Brazilian legal system. To define the philosophical, sociological, historical, economical and juridical base to the Fashion Law are the specific objectives, added to the study of the Fashion Law, the investigation of intellectual property under the perspective of the international protection of fashion through the luxury brands and to inquire about the protection of fashion in international scope, showing the construction of foreign legislations, such as the Paris Convention for the Protection of Industrial Property and the Madrid Agreement Concerning The International Registration of Marks and their influence in Brazilian laws. As methodology, a bibliographic research is developed, using the deductive method, bringing together concepts as fashion, international law, intellectual property and international conventions to achieve the protection of industry's creations in international system. The conclusion is that the Paris Convention for the Protection of Industrial Property combined with the TRIPS Agreement, sufficiently regulates certain aspects of the industrial property but there are still some incongruences arising the non-incorporation of the Madrid Agreement Concerning The International Registration of Marks, dwelling only one perspective of internalization and unification of deadlines that deal with registration of brands at international level.