Abstract

It states, through the comparison of patent systems, that the solution of the European system (and the Portuguese one, consequently), which is related to the limits of the problem posed in the previous paragraph, is more e_cient because it preserves the incentives for innovation – by predicting supplementary protection – but it limits the strategic use of the term of the patent application procedure and it avoids unreasonable extension of the exclusive shopping term, by predicting a maximum limit for this additional protection, as well as it predicts a material limit (content), when working with a new industrial law not derived from basic patent. What is a_rmed in the previous paragraph, as well as all the research proposed, starts from a value assertion, with the support of the theoretical framework used here - the jurist Joao Paulo Remedio Marques and the political economist Walter Eucken 1

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