Analysis of the performance of the brazilian intellectual property system: challenges and perspectives (original) (raw)
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Intellectual property challenges for the roads of innovation in Brazil
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Purpose This paper aims to present reflections and points of interest on the performance of Brazil and highlight the advances and challenges in relation to the intellectual property (IP) system; the authors highlight some scientific, economic and technological indicators on the main IP objects registered in the National Industrial Property of Brazil (INPI). Design/methodology/approach A structured literature reviews the main indicators of IP of Brazil (2013-2017), related to the scientific and economic factors more evidenced in the global scenario, with emphasis on the investment of national GDP in R&D activities, the allocation of resources from the government sector and private initiative, as in other emerging economies, such as the BRICS. Findings Despite Brazil’s progressive efforts to achieve greater efficiency in the public IP management system, GDP investment in R&D activities for 2019 is still below the OECD average of 2.3 per cent, and the IP indicators in the areas of pate...
Intellectual property rights have their roots in the Paris Conventions (1883) and Bern (1883) and will materialize in contemporary society through TRIPS. Brazil, as a signatory country to these international agreements, sought to adapt its domestic System of knowledge protection. However, it was a relatively tardy measure, considering that implementation took place, in the late 1970s, through the Industrial Property Law (Law nº 9279/1996), which had a high cost to the country in terms of development. As if the time delay were not enough, the protection of knowledge in Brazil was born out of date, considering the advance of patent rights on biotechnology. By denying patents on genetic and modified material, the country opened its borders to patent applications requirements from developed nations, based on TRIPS. Thus, from the dialectical method combined with the hypothetical-deductive method, this work seeks to investigate the intellectual property rights of Brazil, having international treaties and national legislation as references. The results show that the country paid dearly for the negligence in protecting its knowledge, which placed it in the rear of scientific and technological development, and resulting in the expansion of the technological domain of developed nations in Brazilian territory.
Trends in Alternative Dispute Resolution Concerning Intellectual Property: A Brazillian Perspective
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The Brazilian government recognized the increasingly important role intellectual property (IP) played in its economy when it enacted the Industrial Property Law in 1996,1 the Plant Variety Rights Law in 1997,2 and the Copyright3 and Software4 laws in 1998. The World Trade Organization (WTO) and the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS) s played a decisive role in developing these laws. Brazil's interests in the opportunities international markets offered are certainly tied to the acceptance of improved levels of protection.6 The TRIPS transformed intellectual
Patent Policies and Intellectual Property Challenges in Brazil
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The return on investment in the biotechnology industry is comparatively slow, and for this reason it is important to protect innovation with intellectual property rights. The Brazilian government has implemented public policies aimed at improving the strategic use of intellectual property to ensure increased competitiveness of national industries, including biotechnology. Despite these initiatives, the innovation space in Brazil suffers from insufficient patent applications. Reasons for Brazil's poor performance in patent applications are mainly related to the low proportion of researchers in companies and the long time required for a patent to be granted.
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This study contributes to the analysis of institutional change, considering the conditions in an organizational field and the position held by institutional entrepreneurs. We studied the case of the change in intellectual property rights in Brazil in the 80's and 90's decades of the last century. Data sources were interviews and document research that were analysed on their content. The examination of the process of institutional change on intellectual property of software revealed a complex interaction between two organizational fields, one local and another global. Initially protected from external threats by a market reserve policy, the local organizational field legitimated practices that have been condemned in the global organizational field. We concluded that multiple and contradictory institutions favoured the emergence of the institutional change as well as agency of powerful actors at the centre of the global organizational field.
Management of Intellectual Property in Brazilian Universities: a Multiple Case Study
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Originally established to incentivize individual inventors the patent system became broadly used by corporations, and has been increasingly used by universities worldwide. In Brazil, this is not different; especially in recent years when public policy has attempted to more directly foster innovation in the country. However, little is known as to the extent that universities in Brazil are able to coordinate patent-related activities and to facilitate knowledge transfer. On the basis of multiple case studies this paper explores how publiclyfunded universities in Brazil are equipping themselves to deal with intellectual property rights (IPR) as well as technology licensing. The studied cases suggest that despite significant amount of patents applications, Brazilian universities present many differences in the management of their intellectual property. In particular, universities’ TTOs seem to play a central role in university productivity when it comes to patenting and knowledge transfer.
Innovation, intellectual property and technological transfer by inventors in Brazil
International Journal for Innovation Education and Research, 2020
Innovation can be understood as a technological asset in relation to the protection of knowledge with regard to intellectual property, and a challenge for universities and companies regarding the transfer of technology, since there are numerous variables that influence even full monetization. It is important to reflect on all the energy expended in relation to the authors involved in this process, having as general objective to analyze the perception of researchers about the processes of protection of intellectual property and its security mechanisms, characteristics of innovation and technology transfer. A structured research was used as a methodology, using the survey method, applied to specialists, with hypotheses formulated, based on the literature review. The results mainly understand that there is a moderate correlation index in quantitative terms of graduate programs and number of patents, by region of Brazil, an awareness in agreement with the elements of protection of intel...