5 – Editor note’s
By Márcio Merkl and Marcelo Mazzola
6 – The boundaries of trade dress protection: functionality, distinctiveness, preemption, and likelihood of confusion – aspects of comparative law
By Leonardo Machado Pontes
This article explores the numerous limitations to the protection of trade dress (conjunto-imagem) in Brazil, like the functionality, distinctiveness, preemption and the likelihood of confusion or association doctrines. The Brazilian High Court of Justice (Superior Tribunal de Justiça) has now a well-established case law on how the limitations on trade dress protection must be considered by the lower courts, which is, in many regards, similar to those boundaries placed on the protection of trade dress or get-ups in foreign jurisdictions, notably the Supreme Court of the USA and the Court of Justice of the EU. Therefore, the goal of this article is to systematize the aforementioned boundaries in a coherent fashion and to expose the potential constitutional problems posed under a broad protection of trade dress that is not permissible in Brazil.
Keywords: Trade dress. Functionality. Distinctiveness. Preemption. Likelihood of confusion. Comparative law. Constitutional tensions.
46 – An overview of industrial property and technology transfer in Brazil
By Aksara Somchinda
This work contributes to the discussion on management in collaborative projects between countries on technology transfer. It presents an overview that seeks to facilitate the understanding of the structure of intellectual property, authorities involved, laws, regulations, supporting organizations and professional training.
Keywords: Intellectual property. International development. Innovation.
69 – An analysis of the sharing economy platforms as catalyst of the technology transfer
By Rebeca Bárbara Guimarães
This article aims to analyze the sharing economy platforms as catalyst of the technology transfer process and how it impacts in technological innovation.
Keywords: Sharing economy. Open innovation. Technology transfer. Know-how.