O intervencionismo estatal no aproveitamento econômico da propriedade privada

Abstract

This scientific article aims at presenting the limits of use by the advertiser in comparative advertising, where the rights of the owner of the trademark are guarded and guaranteed by the Law of Intellectual Property - LIP, and by the Brazilian Code of Advertising Self-regulation– CONAR. In comparative advertising carried made by companies in the field of supermarket services, it is possible to identify some conflicting situations concerning the use of the trademark of chains. The right of the consumer, in second plan, to have access to this type of information is highly beneficial and healthy for the market, since the limits of placement are respected and where there is no evidence of unfair competition, nor the offense against the right of the competitor’s trademark.