Abstract
The article aims to reconstruct the central events of the Intellectual Property (IP) protection system in Brazil, from the first colonial orders to the Intellectual Property Law (1996). Two periods are identified: in the first, we observe the internalizing of innovations, improving the country's development, but preventing the patenting of medicines and food. The second, recent, explains an adaptation of national laws to international ones, suppressing the previous exceptions. The historical change in regulations reveals that patents have become symbolic elements of globalization process. The geopolitics of this process is presented in a review on the influence of the US Special 301 Reports on Brazilian politics. Finally, the article seeks to show that politics is not limited to the legal system, presenting the annulment of patents in Brazil during public health crises. In this sense, the text brings elements of the international discussion on the suppression of patents to face the COVID-19 pandemic, updating the debate on territorial sovereignty.
Highlights
The article aims to reconstitute the central events of the Intellectual Property (IP) protection system in Brazil, highlighting the exception of medicines patent granting
We present an analysis of the growth of patents in the largest offices, highlighting Brazil's peripheral participation in innovation
A análise da concentração geográfica das pesquisas e cooperações em vacinas para a COVID-19 revela uma divisão do trabalho que atualiza a condição periférica do Brasil em relação à inovação
Summary
The article aims to reconstitute the central events of the Intellectual Property (IP) protection system in Brazil, highlighting the exception of medicines patent granting. We discuss the influences of corporations and of Special 301 Reports in the Intellectual Property Law (1996), which marks the recognition of drug patents granting in the country. We present an analysis of the growth of patents in the largest offices, highlighting Brazil's peripheral participation in innovation. The article seeks to demonstrate the current relationship between patents and public health by considering the patent invalidation in Brazil and the international cooperation between States and corporations in developing vaccines during the COVID-19 pandemic
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