The Use of Intellectual Property in Brazil


Book Description

This study describes patterns and trends of intellectual property use in Brazil, drawing on a new statistical database (BADEPI).




The Use of Intellectual Property in Brazil


Book Description

This study describes patterns and trends of intellectual property (IP) use in Brazil, drawing on a new statistical database (BADEPI) containing all IP filings at Brazilian Instituto Nacional da Propriedade Industrial (INPI) over the period 2000-2011. This novel database contains a unique set of information about patents, utility models, industrial designs, trademarks, geographical indications, computer programs and IP-related contracts. In addition, the study documents the methodology to construct this novel database from bibliographical unit-record data, which among others makes use of unique identification of applicants and inventors across all forms of IP.




The Use of Intellectual Property in Brazil


Book Description

This study describes patterns and trends of intellectual property use in Brazil, drawing on a new statistical database (BADEPI).




Access to Knowledge in Brazil


Book Description

"Brazil is one of the world's most productive crucibles for new ideas and practices in innovation and collaboration. This meticulously researched book provides a sweeping tour of the issues arising form that leadership." Jonathan Zittrain - Professor, Harvard Law School "As policy makers around the world grapple with how to configure their intellectual property policies to promote innovation and economic growth, as well as public access to the fruits of intellectual labour, they would do themselves a huge favour by reading Lea Shaver's excellent book." Pam Samuelson, Professor Univeristy of California, Berkeley "This is essential reading for anyone who cares about one of the most important human rights issues of the century: access to knowledge." Madhavi Sunder, Professor of Law, University of California Davis This volume features four chapters addressing the current issues facing intellectual property, innovation and development policy in Brazil. Each chapter is authored by legal scholars affiliated to the Fundação Getulio Vargas law schools in São Paulo and Rio de Janeiro. Each chapter examines a policy area that significantly impacts access to knowledge in Brazil. These include: exceptions and limitations to copyright, free software and open business models, patent reform and access to medicines, and open innovation in the biotechnology sector.




Intellectual Property Law in Brazil


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph provides a survey and analysis of the rules concerning intellectual property rights in Brazil . It covers every type of intellectual property right in depth




Security Rights in Intellectual Property


Book Description

This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.




Digital Pirates


Book Description

Digital Pirates examines the unauthorized creation, distribution, and consumption of movies and music in Brazil. Alexander Sebastian Dent offers a new definition of piracy as indispensable to current capitalism alongside increasing global enforcement of intellectual property (IP). Complex and capricious laws might prohibit it, but piracy remains a core activity of the twenty-first century. Combining the tools of linguistic and cultural anthropology with models from media studies and political economy, Digital Pirates reveals how the dynamics of IP and piracy serve as strategies for managing the gaps between texts—in this case, digital content. Dent's analysis includes his fieldwork in and around São Paulo with pirates, musicians, filmmakers, police, salesmen, technicians, policymakers, politicians, activists, and consumers. Rather than argue for rigid positions, he suggests that Brazilians are pulled in multiple directions according to the injunctions of international governance, localized pleasure, magical consumption, and economic efficiency. Through its novel theorization of "digital textuality," this book offers crucial insights into the qualities of today's mediascape as well as the particularized political and cultural norms that govern it. The book also shows how twenty-first century capitalism generates piracy and its enforcement simultaneously, while producing fraught consumer experiences in Latin America and beyond.




TRIPS and Access to Medicines


Book Description

Although ideally a patent system for pharmaceuticals should serve to incentivize research into the development of new medicines, the COVID-19 pandemic has exposed the equal importance of drug access and affordability. This book, by focusing on the Brazilian rule which makes the grant of pharmaceutical patents dependent on the prior consent of the National Health Surveillance Agency (ANVISA), shows how the Brazilian model affords an example for other countries to follow in dealing with tensions between patent protection and the right to healthcare. Based on an empirical study in which the author examined 147 reports issued by ANVISA as a basis for its decisions, the book deals with such central questions concerning the interface of regulation and innovation in the patent system as the following: compatibility between ANVISA’s prior consent mechanism and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement; how “evergreening” and “trivial patents” undermine public health and access to medicines; ways of correcting abuses of patent rights and controlling quality of patents; and the discourse on health as a human right. Along with her examination of ANVISA reports, the author analyzes how Article 229-C LPI, which introduced the need of ANVISA’s prior consent to the patent grant of pharmaceuticals in Brazil, has been interpreted in Brazilian case law. Interviews with Brazilian experts are also included. In its commitment to harmonizing patent rights and the right to access of affordable medicines, Brazil’s patent system for pharmaceuticals stands out as a workable response to the basic problem of access to medicines in the developing world. By describing the successes and failures in the Brazilian policy of promoting drug access, this book helps policymakers in developing and emerging countries to better explore TRIPS flexibilities when dealing with similar problems, and provides practitioners in the law of the World Trade Organization, patent law, competition law, and health law with a guide to how a more equitable pharmaceutical patenting system could work in practice.




Intellectual Property And Economic Development


Book Description

Speaking very roughly, countries with advanced economies tend to be those displaying intellectual property protection systems in which the public has a basic degree of confidence. Those systems, when they are thought about at all rather than taken for granted, are thought of as reasonably effective in safeguarding innovation and creative expression