Tutela da propriedade industrial desenvolvida durante a sucessividade das relações de emprego

Abstract

The study addresses the issue of protection of industrial property in the relations of employment. This theme is gaining importance in the face of great technological advancement in the present and changes in the employment relationship. The study will examine the regulation amended by legislation below the Constitution, emphasizing the social function of property. Also, will present considerations on teleworking and parassubordination, where employees have a high degree of technical autonomy, which makes it impossible ti fit them in the traditional employment relationship. These forms of work can generate several conflicts in the field of industrial property between employers and before their lack of regulation. As a way to broaden the debate on the subject, the study aims to present the case law, albeit limited, because the issue is still not current in our courts. Finally, the study suggests a model for resolving conflicts based on a constitutional hermeneutics.