O caso ANFAPE o que nos diz a experiência internacional

Abstract

The present study is to demonstrate how the intellectual property rights and competition, instruments that seeking, albeit by different means, encouraging technological innovation by agents in the market, may become antagonistic when exercised with unconscionability. For this, we consider the automotive aftermarket from the study of the negative effects that the industrial design registrations, species of the genus industrial property, can cause the so called secondary market, although these registries comply with the dictates and legal procedures. The case of the National Association of Manufacturers of Autoparts (ANFAPE), an organization that has made a representation to the Administrative Council for Economic Defense (CADE), denouncing the conduct of three major automakers in the national scene will be performed in this work. The conduct referred above relates to the abuse of industrial design registrations by the automakers, not only with a view to protect the pieces, but aiming to eliminate competition from independent parts makers - called FIAPs. This behavior suppresses the competitive environment; as a result the consumer
finds no alternative but to submit to the deleterious effects of a monopoly of manufacturers in the aftermarket. In order to find solutions to similar to the ANFAPE case, a research on the topic in three relevant markets will be held: European, American and Australian, investigating how the issue is discussed in these markets, analyzing the proposals of each of them and their any
contributions to the Brazilian case.