araripe@araripe.com.br | +55 (24) 2103-2200 

araripe@araripe.com.br | +55 (24) 2103-2200 

Unfair Competition

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Unfair Competition

Our team is experienced in identifying Unfair Competition. We defend our clients’ Intellectual Property assets against imitation and infringement and, when needed, against allegation of third-party violation of rights. We contribute to the development of a preventive infringement culture.

We collaborate with a network with associates and private investigators worldwide to identify potential infringements by or against our clients.

Thus, we are able to take preventive measures more rapidly, efficiently and cost-benefit effectively. Through the collaboration of our lawyers and specialized engineers in specific areas, we develop the best strategy for the protection of our clients’ Intellectual Property assets in Brazil and abroad.

 

What is Unfair Competition?

Unfair Competition is defined in the criminal code Article 195 of the Brazilian Industrial Property Law. It is characterized by specific fraudulent conduct linked to obtaining information about competitors with the intent of misleading or confusing clientele, with respect to competing companies. This fraudulent conduct can be carried out by various activities such as: product, names and distinctive marks imitation, advertising usage with the intent of damaging the image of products or services of a competitor company.

Services:

  • Infringement and violation analysis, by third-party or by clients;
  • Specific technical opinion to verify what constitutes the crime of unfair competition, by third-party or by clients;
  • Legal advice applicable against unfair competition committed by third-party or to defend our clients from such crimes;
  • Legal advice on alterations to avoid violating or committing crimes of unfair competition;
  • Negotiations and drawing up of agreements; and
  • Litigation involving unfair competition, both in Brazil and abroad.