According to a recent decision¹ issued by the Administrative Council for Economic Defense (CADE), the Brazilian antitrust agency, enforcing exclusive rights over industrial designs does not constitute anticompetitive conduct.
In this case, three renowned automakers adopted several judicial and extrajudicial actions to enforce their industrial design rights against aftermarket auto parts. The National Association of Auto Parts’ Manufacturers (ANFAPE) filed a representation against the automakers before CADE, claiming that the enforcement adopted by the automakers was abusive and resulted in anticompetitive practice.
CADE held that there was no evidence of any conduct that could constitute an abuse of industrial property right, since the automakers acted within the law by enforcing their exclusive rights arising out of industrial design registrations regularly granted by the Brazilian Patent and Trademark Office.
¹Lawsuit No. 08012002673200751