Direito de autor como um dos elementos do estabelecimento

Abstract

The present dissertation addresses copyright as one of the elements of the goodwill. In the first part of this work, the historical development of Commercial Law is examined, through the theory of the commercial transactions and the theory of the company. The company is placed as the center of the world economy, so it is necessary to distinguish among the agent that practices the business activity, the activity itself, and the goodwill. Following is the study with the concept of goodwill, which is the element of the company that is of interest to this approach, until its insertion in the Brazilian Positive Law, by means of its inclusion in the new Brazilian Civil Code in 2002. Another relevant issue is the study and the understanding of the legal nature of the goodwill, as universitas facti, as well as the identification of assets as tangible and intangible assets, which comprise the goodwill. In the category of intangible assets forming the goodwill, copyright is to be pointed out. It will be addressed in the second and latter part of this dissertation. The study of copyright starts with the origin of protection and its historical evolution in Brazil. Next, the object and the subject of copyright are analyzed. Finally, copyright is treated as one of the elements of the goodwill, since intellectual production is rooted in the modern business life, whether as a means of increment of the activity or as the core of the exploration of the economic activity performed by either individuals or legal entity