Agricultural biotechnologogy patents in Brazil: a critical review

• Autor(a) principal: Vieira, Adriana Carvalho Pinto
• Data de Publicação: 2010
• Outros Autores: Buainain, Antônio Márcio, Dal Poz, Maria Estér, Vieira Junior, Pedro Abel
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Inovação (Online)
• Texto Completo: https://periodicos.sbu.unicamp.br/ojs/index.php/rbi/article/view/8649004
• topic: Intellectual Property; Genes; Microorganisms; Q00; K11; Propriedade intelectual. Biotecnologia. Genes. Micro-organismos.; Q00; K11

The dissemination of knowledge and encouraging inventors to substantiate the emergence of the intellectual property system. The protection of intellectual assets is not neutral in their effects on firms and countries: requirements and costs involved in the search and enforcement of protection have differential impacts across firms and countries, tend to enhance the asymmetry of innovativeness between developed countries. The advance of this debate is essential the establishment of a framework and appropriate stimulator for the development of innovation-based biotechnology in Brazil. The intellectual property on living beings and new biological processes is one of the most controversial aspects of the process of setting up international markets and the “modernization” of the economy. This is an extremely controversial issue in which there are many issues unresolved and subject to a heated debate involving conflicting interests in economic, political, social, cultural and technical, not to speak on moral and religious aspects, equally important. In this context, this work aims to make a conceptual analysis of terms used in biotechnology, making an interpretation of provisions in the law that governs the rights and obligations relating to industrial property. It is opposed to the law of protection of cultivars, establishing intellectual property protection sui generis, analyzing what are the main economic consequences that may result from mistaken interpretation of legislation.