دانلود رایگان مقاله حقوق مالکیت معنوی و علامت تجاری در کشورهای BRICS

abstract

Given the importance of the economic group called BRICS, a group of five of the fastest-growing emerging markets in the world, a better understanding of their Intellectual Property legal framework becomes critical for many stakeholders and innovators. The aim of this work is to carry out a comparative analysis of the Trademarks Laws from the BRICS countries. Possible similarities and differences between their normative frameworks for the protection of intellectual property, specifically with respect to trademarks, are investigated. Ultimately, a comparative approach about the BRICS major conventions, treaties and international agreements and its consequences are discussed.

5. Conclusions Besides being considered as countries listed in the top ten positions on the ranking concerning the extension of geographical area and population, Brazil, Russia, India, China, and South Africa are in a similar level of socio-economic development. Currently, the five countries seek the search for international integration, trying to adapt to the demands of the global order. Thus, regarding intellectual property, it seems to be possible for the BRICS countries embracing the international standards without, however, confronting their national laws.

Considering the number of treaties signed, Russia is the one has joined to a largest number of treaties, in a total of eight, followed by China with five treaties, probably to nurture the idea they are willing to get in tune with the international standards with respect to IP. Further, China has not joined the Nairobi Treaty and has acceded the TRIPS in 2001 and Russia only in 2012. It is noteworthy that India has joined the Paris Convention only after to sign TRIPS, although the Paris Convention has been created more than one hundred years before.

Regarding the registration of trademarks, in China the responsibility for the trademark examination, registration and administration lies with the State Trademark Office (TMO), under the State Administration of Industry and Commerce (SAIC), which is separate from the other IP offices. On the other hand, in India, Brazil, South Africa and Russia the registration is done before the respective office of industrial property that encompasses not only the registration of trademarks, but the granting of patents, industrial design, and other categories of industrial property rights.

In terms of legislation, in Brazil there is a more comprehensive law, which includes not only trademarks, but also patents, utility models, industrial designs, geographical indications and repression of unfair competition. India, China and South Africa have a specific law for trademarks.