The protection of applied arts in industry: an initial approach

Abstract

In consumer relations, design is a strategic aspect, decisive in making purchasing decisions, capable of justifying a differentiated price and gaining customer loyalty. From a legal point of view, innovative designs, which meet legal requirements, can be protected by copyright, in accordance with what is determined by Law No. 9,610/98, and/or by industrial design, a modality of industrial property protection, provided for in Law No. 9,279/96. The nature of the design, its production and its use will usually determine the most appropriate form of intellectual property protection. It turns out that, when it comes to the work of art applied to a certain product, there are divergences, even in the Superior Court of Brazil. Therefore, the present work aims to address such divergences, in the light of concrete cases, in the face of the most robust doctrine, in order to thicken the respective theoretical fabric and induce legal reflection. The methodology to be used is qualitative and exploratory, based on document analysis and bibliographic review on the topic. Finally, considerations are made by way of conclusion.