GENERAL ATTORNEY OF THE SUPREME COURT ASKS FOR LIMINAR TO SUSPEND SECTION 40 (SOLE PARAGRAPH) OF INDUSTRIAL PROPERTY LAW 9,279/96 BRAZILIAN INDUSTRIAL PROPERTY LAW
The Attorney General of the Republic, in the Supreme Court, asked the suspension preliminary of Law 9.279/1996 that regulates the rights and obligations related the industrial property.
The questioned section allows the opening of undetermined date for patents invention and utility models.
This constitutional provision assures to the authors of industrial inventions the temporary privileges for its usage, as well the protection of industrial creations, trademark proprieties, company names and other distinctive signs, in view of the social interest and the technological development and economic in the country. He affirms that the measure insults the free competition, the juridical security, the costumer defense, principle of efficiency and the reasonable time of the process, reason why he asks the preliminary suspension and on merit, the declaration and unconstitutionality of it.