Convergências e divergências da possibilidade de proteção jurídica das marcas multissensoriais pela dinâmiica da propriedade intelectual

Abstract

The term "Intellectual Property" covers a field of Brazilian Law that aims to legally protect creations resulting from human intellect, arising through a creative process. This process not only justifies, but also guides the format of this legal protection, which covers artistic, scientific and technological creations, each with a protective status and specific rules. The brand, specifically, is considered by Brazilian Law as a visually distinctive sign that identifies the origin and distinguishes products and services, this is what is denoted by the Industrial Property Law No. 9,279/96, with emphasis on article 122, which deals with brands. However, with the evolution towards a communication society, companies have adopted unconventional ways to differentiate their products and services, such as sound, olfactory and taste brands, unrelated to the visual aspect. Current legislation does not provide for the registration of these types of brands, which creates a problem in protecting these assets. This work arises in light of the incongruity between doctrine, law and contemporary times regarding the protection of these unconventional brands, essential for industry and commerce. With the Industrial Property Law completing 27 years, it is necessary to update the dynamics of intellectual property protection, including new distinctive signs used by the market, such as multi-sensory brands. Thus, the objective of this work is to analyze how the Brazilian Legal System can understand and assimilate multisensory brands, reformulating its intellectual property protection dynamics.