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The Administrative Council of Economic Defense (CADE) started to judge the case in which the National Association of Auto Parts Manufacturers (Anfape) accuses automakers Fiat, Ford and Volkswagen of anti-competitive behavior.

The main focus of the discussion would be that automobile companies prevent independent manufacturers from producing spare parts such as bumpers, bodywork, headlights and mirrors.

On the one hand, the automobile companies claim that the products are industrial property registrations being under their exclusive use. They also claim that there is no limitation in the intellectual property law of applying the registration to replacement parts, and that there are, in addition, legal obligations for them to be in those markets.

The companies also emphasize that exercising industrial property rights is not an unlawful act and added that the discussion on what is intellectual property is not the responsibility of CADE but of the Judiciary.

On the other hand, the independent manufacturers claim that the registration applies only to articles used in manufacturing, not to the replacement products. As an additional argument, they claim that maintaining the industrial property argument in the spare parts market guarantees to the automobile companies the monopoly of the production of these products.

For the public prosecution, the consumer is imprisoned by the manufacturer of his vehicle, subject to the consequences of the exercise of potentially abusive economic power.


Author: Barbara Fernandes Marcon Pires

“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”

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