The 4th stj class understood that the company does not lose exclusivity on the unprecedented product in case of divulging it up to 180 days before registering the industrial design at the National Institute of Intellectual Property - INPI.

The process that led to this understanding was promoted by Bokalino against Grendene and INPI, with an application for the registration, since Grenene had used the new Rider in commercials before requesting the application for registration.

The rapporteur of the process, Antônio Carlos Ferreira, used art. 96 of the Industrial Property Law - LPI - to justify the impossibility of invalidation of the registration. In the case, Grenene released the slipper within 180 days prior to the deposit date, which comprises the period for free.

The period of grace removes the state of the technique, which would be the loss of the novelty condition because it has been released before the effective registration deposit. In view of view that the drawing of the slipper was released in advertising campaigns only 40 days before the registration deposit, the law provides that "will not be considered as included in the state of the technique the industrial design whose disclosure occurred during the 180 days preceding the Deposit Date ".

The industrial property code of 1971 prevented the registration of the product if released before the deposit date, but, according to current legislation, the law of industrial property has changed this understanding.

Source: Conjur
Process: Special feature 1.050.659 / RJ