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Ksenia Belikova

Legal Framework of the Competition Environment within BRICS Countries: Novels in the Brazil Legislation

2012. Vol. 7. No. 4. P. 239–247 [issue contents]

The article discusses certain novels of Brazil antitrust legislation. The author focuses on the intellectual property rights, the ways and methods of issuing penalties for infringements of economic order and the trend for reducing a number of business practices that require the consent of Brazilian antitrust authorities. Considerable attention is paid to the novels of the new Brazilian Law on Protection of Competition of 2011. According to the author, the new novels are reducing the number of market action, the performance of which requires approval by the Governing Council on the protection of competition in Brazil, changes in the methods of calculating fines for anti-competitive behavior, etc. The author also notes that nevertheless may have violated antitrust laws through anticompetitive market action, the dual abuse during the purchase or use of intellectual property rights were not made until the end of 2010. As a result, the author comes to certain conclusions . On the one hand the novel of Protection of Competition Act of 2011 in Brazil aimed at liberalization of the regulatory framework in the field of creating and maintaining a competitive environment. On the other hand, there is filling in the gaps that existed in the previous law 1994 regarding the protection of intellectual property rights: the category of infringing competition horrible abuse of the rights of industrial or intellectual property rights to the technology and trademarks, which did not exist at the legislative level; has undergone changes in the direction of tightening the circle and intellectual property in respect of which extradition is now possible compulsory license.

Citation: Belikova Ksenia Mikhaylovna (2012) Pravovaya okhrana konkurentnoy sredy v stranakh BRIKS: nekotorye novelly zakonodatel'stva Brazilii [Legal Framework of the Competition Environment within BRICS Countries: Novels in the Brazil Legislation] INTERNATIONAL ORGANISATIONS RESEARCH JOURNAL, 4, pp. 239-247 (in Russian)
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