PANORAMA INTERNACIONAL DAS PATENTES BIOTECNOLÓGICAS Meio Ambiente e Proteção ao Patrimônio Genético INTERNATIONAL OVERVIEW PATENT BIOTECH Environmental and Genetic Resources (original) (raw)
A Biotecnologia movimenta bilhões de dólares anualmente e encontra especial proteção no direito das patentes. A patente, como título concedido ao inventor, tem na lei uma série de requisitos, bem como de vedações. Analisa-se o patenteamento de organismos vivos, no todo ou em parte, em especial a possibilidade de patentear material genético. Para tanto, avalia-se o assunto na legislação e em alguns posicionamentos de escritórios de patentes nos Estados Unidos, Europa e Brasil, destacando a importância das patentes na própria constituição da OMC. Por fim, conclui-se pela necessidade de se abordar o tema não apenas pelo viés comercial, mas também pelo enfoque da repartição de benefícios. Abstract: The Biotechnology move billions of dollars each year and is specially protected by patenting. The law establishes the requirements for granting patents, as well as lists the prohibitions. The situation of patents on living organisms, in whole or in part, in particular thepatentability of genetic material, is here examined. Therefore, we evaluate it in legislation and in some placements patent offices in the United States, Europe and Brazil. It also highlighted the importance of patents in the constitution of the WTO. Lastly, we conclude by the need to address the issue not only for commercial bias, but also the focus of benefit sharing.
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