Governança global da propriedade intelectual à luz do licenciamento compulsório.

Abstract

The present work promotes the study and research of critical points about intellectual property, with a direct and specific approach to industrial property and compulsory licensing. Starting from the legislative construction of Brazil with the Industrial Property Code, the promulgation of the Industrial Property Law, a brief controversial comparison with the Copyright Law and the Computer Software Protection Law, the research contains critical positioning of each of the branches members of the genre, especially for their allocation in the national legal system as distinct rights between business and civil. In a global scenario, it promotes the study of international norms and treaties of thematic relevance such as the Lex Mercatoria, the Paris Union Convention, the Berne Convention, the Bustamante Code, the TRIPS - Agreement on Trade-Related Intellectual Property Rights, the PCT - Cooperation Treaty Patent and the Madrid Agreement, normative bases that govern international relations on intellectual property and industrial property, making up a relevant part of the study to understand the purpose of this work. As it is a doctrine directed to the global scenario, it is essential to study the normative bases of international law in comparison with those specific to intellectual property, especially due to the bias of international trade law and, also, to better delimit the relations of this society international, national and international jurisdiction. In this context, international regulatory organizations specific to intellectual property and international trade, such as the WTO - World Trade Organization and WIPO - World Intellectual Property Organization, as well as national regulatory institutions, such as the INPI - National Institute of Industrial Property, become protagonists for a new model of global governance, implementation of public policies, strategic management and alignment of the use of international dispute resolution mechanisms regarding industrial property and compulsory licensing. As an important factor, he embarked on economic development through intellectual and industrial property, transnational and national competition, technological expansion, the study of the cost of protection, social return and the importance of the institute for developing countries. The demonstration of the nature of the fundamental right of intellectual property and its social function are constitutional foundations to transcend the main point of this work that aims at the legislative renewal of compulsory licensing with the proposition of a bill amending article 71 of Law 9279/1996 and, consequently, promotes a new governance model capable of implementing public policies capable of making the institute effective compatibility, applicability and use in the publicprivate relationship, in the national and international fields, without national and international sanctions, but that represent fundamental economic and social development.