Proposições para a efetividade da estratégia nacional de propriedade intelectual como instrumento de desenvolvimento científico e tecnológico e da inovação no Brasil

Abstract

The biggest social transformations occurred from man's dominion over nature to the benefit of his needs, demonstrating that science and technology are tools that transform knowledge into answers to the most diverse problems and are key mechanisms for economic, social and cultural development of any society. In this context, intellectual property rights (IPR) were established to protect creations and encourage the development of new technologies. Based on this situation, this paper relates patent rights and scientific, technological and innovation development based on the analysis of the Brazilian National Strategy of Intellectual Property, as a long-term public policy that aims to establish an effective and balanced national system of intellectual property that seeks to increase competitiveness and Brazilian economic and social development. The general objective of the work is to develop a propositional study on the Brazilian National Strategy, presenting original contributions for its effectiveness as an instrument of scientific and technological development in Brazil. The methodology of the work was based on foreign and national bibliographical research. The deductive method of approach was used, starting from general aspects of the intellectual property system, in particular patents, and development to achieve in propositions that intend to transform the Brazilian National Strategy into an effective instrument of scientific, technological and innovation development in Brazil. It was concluded that the concern of public policy was restricted to the economic aspects of IPR in spite of the social focus. In addition, it was found that the strategy gave importance to issues of legal and institutional infrastructure related to traditional forms of intellectual property and was silent about the new forms and dynamics of modern society. From the conclusions, measures were proposed to improve the norm, such as the establishment of guidelines aimed at the dissemination of knowledge, such as science / open innovation. It was suggested that the results of research financed with public resources belonged to the State and not to private individuals. It is argued that the Brazilian National Strategy should have established guidelines for specific areas of disruptive innovation, in which Brazil needs to focus if it intends to achieve competitiveness and development. Based on the propositions made, the insertion of the Brazilian intellectual property system in the knowledge-based economy is sought.