As importações paralelas nas relações regionais: a exaustão dos direitos de propriedade intelectual no debate sobre a ALCA

Abstract

Traditionally, intellectual property rights are – of certain form, a species of the property right - (developed, through the consolidation of the industrial capitalism and the proper modern State) the two inherent tensions of its regulation are: the necessity of if legitimizing, through state intervention, the development of a Company and, consequently, the property not only of the corporeal objects, but, also, of its symbolic products and, especially, of its domain of science and technology, and on the other hand, the promotion of free market, that tends to promote, in some circumstances, flexibilization of monopoly of exploration, granted for State, to the bearer of a right of intellectual property. About Parallel Importation, or either, importations carried through for physical or legal people, out of the circuits of exclusive distribution, in a territory, of products legitimately commercialized in another territory, this conflict gains special relevance. There are collated: the interest of bearer of an industrial property law, in controlling the distribution of its product in national, regional and/or international market, through establishment of proper nets of distribution or assented resale of its product, - consumers interests, peddlers, and, of a certain form, the process of integration and, why not; mundialization, that proclaim the reduction of the barriers for importation of merchandises. This article has as objective to bring up the debate on intellectual property in the Area of Free Commerce of Americas ALCA – the subject of exhaustion of the rights of intellectual property and its perspectives face new challenges of regional integration. In this context, this work will analyze limits between extremities of the monopolical exploration of intellectual property rights versus free circulation of goods in a regional market.