As Teorias Rivais sobre a Propriedade Intelectual no Brasil

• Autor(a) principal: Timm, Luciano Benetti
• Data de Publicação: 2010
• Outros Autores: Caovilla, Renato
• Tipo de documento: Artigo
• Idioma: por; eng; spa
• Título da fonte: Economic Analysis of law Review
• Texto Completo: https://portalrevistas.ucb.br/index.php/EALR/article/view/1464
• topic: Law & Economics; Intellectual Property; Innovation; Tragedy of Commons; Tragedy of Anticommons; Social Function; Law & Economics; Propriedade Intelectual; Inovação; Tragédia dos Baldios; Tragédia dos Anti-Baldios; Função Social

The present essay analyzes the state-of-the-art in the debate concerning the interactions between intellectual property, innovation and economic development. On one hand, the treatment conferred to the theme by the Law & Economics approach is exposed, taking as premises the Schumpeterian theory of creative destruction, as well as Douglass North’s neo-institutional theory. Accordingly, a faulty intellectual property protection is considered a tragedy of the commons. On the other hand, the theory supporting that the consequence of the current protection provided by intellectual property and its exclusionary rights is actually a tragedy of anticommons. It is also described here the social function of property theory (so vigorous in Brazil) that considers intellectual property as a form of property that should be devoted to satisfy a social function. Finally, a Brazilian innovation database and some implications in the country about the importance given by the government and society to intellectual property are analyzed.