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Minister Edson Fachin, of the Federal Supreme Court, denied, last Wednesday (19/9), a request from the Brazilian Association of Technical Standards (ABNT) to prevent the company Target from selling technical standards with the association's brand.
In the decision, the minister cited an excerpt from the São Paulo Court of Justice ruling that questioned the illegality defended by ABNT regarding the commercialization of the standard that found the use of the brand only in cases of content transcription.
“Target has in its favor a judicial provision B2B Lead that authorizes it to sell the technical standards owned by ABNT, it is necessary and essential to recognize its right to make reference to the word and figurative brands owned by the author – name and logo –, only to indicate the origin of the standards it sells”, he said.
Infraconstitutional Legislation
The minister also noted that the TJ-SP and the Superior Court of Justice assessed the matter based on infraconstitutional legislation.
“In this way, the discussion appears to be restricted to the infraconstitutional scope, making an oblique or reflexive possible offense to the Federal Constitution, which makes the processing of the extraordinary appeal unfeasible,” he explained.
The minister also mentioned that the Supreme Court's jurisprudence is firm in the sense of inadmissing the extraordinary appeal which, under the pretext of violating constitutional guarantees and principles, is intended to exegete infra-constitutional legislation. “It thus constitutes a hypothesis of indirect or reflex contradiction to the Federal Constitution,” he said.
For the lawyer representing Target in the process, Terence Zveiter , from the firm Caputo, Barbosa & Zveiter Advogados, no one violates the ABNT brand by lawfully acquiring technical standards and using them in their activities, exactly in the form in which they are delivered to them. , without adding or deleting any indicative sign.
"The ABNT brand, when inserted into the content of a Brazilian technical standard, loses its distinctive character, starting to represent the origin of said standard. This is the winning merit in all courts and, from now on, the STF came to ratify this understanding", highlights the lawyer.
Definition
The international definition of a standard says that it is a “document established by consensus and approved by a recognized body, which provides, for common and repetitive use, rules, guidelines or characteristics for activities or their results, aimed at obtaining an optimal degree of ordering in a given context.”
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發表於 2024-3-16 12:00:17