A biotecnologia e a possibilidade de compatibilização das patentes com a proteção dos cconhecimentos tradicionais associados

Rodolfo Souza da Silva; Taysa Schiocchet

doi:10.5433/2178-8189.2013v17n2p211

BIOTECHNOLOGY AND THE COMPATIBILITY OF PATENTS WITH THE PROTECTION OF ASSOCIATED TRADITIONAL KNOWLEDGE

Authors

Rodolfo Souza da Silva Universidade do Vale do Rio dos Sinos - UNISINOS
Taysa Schiocchet Universidade do Vale do Rio dos Sinos - UNISINOS

DOI:

https://doi.org/10.5433/2178-8189.2013v17n2p211

Keywords:

Biotechnology, Patent, Associated Traditional Knowledge, Economic Activity

Abstract

This work presents some considerations about the exercise of patent rights when protects the products developed by biotechnology, created based on associated traditional knowledge. It analyzes the possible limitations that it can cause in practice and to people that own this knowledge, seeking to demonstrate the compatibility between the patent and the protection of traditional knowledge from a constitutional reading of the TRIPS and Intellectual Property Law, made from the principle of the social function of property and pillars that govern economic activity. The methodology was qualitative, exploratory, through a bibliographic and documentary research, made from an interdisciplinary perspective.

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Published

2013-12-04

How to Cite

Silva, R. S. da, & Schiocchet, T. (2013). BIOTECHNOLOGY AND THE COMPATIBILITY OF PATENTS WITH THE PROTECTION OF ASSOCIATED TRADITIONAL KNOWLEDGE. Scientia Iuris, 17(2), 211–230. https://doi.org/10.5433/2178-8189.2013v17n2p211

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Issue

Vol. 17 No. 2 (2013)

Section

Artigos

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