Acórdão nº 087088 de Supremo Tribunal de Justiça (Portugal), 24 de Abril de 1996
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 24 de Abril de 1996 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: A VARELA MAN 2ED PAG408.
Área Temática: DIR CIV - DIR RESP CIV. DIR COM - MAR PATENT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART483 ART562. CPI40 ART212 N1. CPI95 ART260. CPP87 ART71. L 38/87 DE 1987/12/23 ART18 N1.
Referências Internacionais: CONV UNIÃO DE PARIS ART10.
Sumário : I - A competência do tribunal fixa-se no momento em que a acção é proposta, sendo irrelevantes as modificações de facto, com as excepções da lei, aqui não interessadas. II - Assim, tendo a acção sido proposta em 12 de Dezembro de 1991, é absolutamente irrelevante o disposto no artigo 260 do Código da Propriedade Industrial (Decreto-Lei 16/95, de 20 de Janeiro). III - Desde que a procuração a advogado foi passada em nome individual da Autora, não há falta ou irregularidade de mandato. IV - A indemnização pedida pelos prejuízos causados pelo Réu com a concorrência desleal não é uma quantia recebida, não sendo, por isso, um rendimento, não havendo lugar a suspensão para garantia da observância dos preceitos fiscais, nomeadamente do I.R.S. V - Quer a Convenção da União de Paris - artigo 10 - bis, quer o Código da Propriedade Industrial, artigo 212, n. 1, definem a concorrência desleal todo o acto de concorrência contrária às normas e usos honestos de qualquer ramo de actividade económica, e expressamente proibidos todos os actos susceptíveis de causar confusão com o estabelecimento, produtos, os serviços ou o crédito de concorrentes, qualquer que seja o meio empregado. VI - Importa e basta a intenção de confundir e existência de efectiva confusão de produtos para que os actos constituam concorrência desleal. VII - Ora, está provado que é inequívoco e nítida a...
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