Acórdão nº 0050292 de Supremo Tribunal Administrativo (Portugal), 13 de Fevereiro de 1992 (caso None)
Magistrado Responsável | NORONHA NASCIMENTO |
Data da Resolução | 13 de Fevereiro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR COM - MAR PATENT.
Legislação Nacional: CPC67 ART2. ETAF84 ART3. CPI40 ART79 ART85 ART93 ART95 ART122 PAR2 ART123 ART124 ART187 N4.
Sumário: I - A má-fé não é, por si só, fundamento autónomo de recusa ou de anulação de registo de marca, mas pode ser um dos requisitos de um fundamento (quiçá complexo) de recusa ou de anulação, tendo nessa medida efeitos quanto ao prazo prescricional. II - A protecção referida na 2 parte do parágrafo único do Código da Propriedade Industrial só funciona em relação a invólucros de produtos com marca registada. III - A concorrência desleal existe independentemente do registo da marca. IV - O disposto no n. 4 do artigo 187 do Código da Propriedade Industrial funciona...
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