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World Intellectual Property Organization,Vivian Barcelos,Marina Filgueiras,Jorge Bruno Le Feuvre,Felipe Lopes,Sergio Medeiros Paulino,Vera Pinheiro,Julio Raffo,Leonardo Ribeiro
Author : World Intellectual Property Organization,Vivian Barcelos,Marina Filgueiras,Jorge Bruno Le Feuvre,Felipe Lopes,Sergio Medeiros Paulino,Vera Pinheiro,Julio Raffo,Leonardo Ribeiro Publisher : WIPO Page : 99 pages File Size : 50,9 Mb Release : 2014 Category : Law ISBN : 8210379456XXX
The Use of Intellectual Property in Brazil by World Intellectual Property Organization,Vivian Barcelos,Marina Filgueiras,Jorge Bruno Le Feuvre,Felipe Lopes,Sergio Medeiros Paulino,Vera Pinheiro,Julio Raffo,Leonardo Ribeiro Pdf
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 by Vivian Barcelos,Marina Filgueiras Jorge,Bruno Le Feuvre,Felipe Lopes,Sergio Medeiros Paulino de Carvalho,Vera Pinheiro,Julio D. Raffo,Leonardo Ribeiro Pdf
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.
"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 by Maristela Basso Tamagno Pdf
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
Intellectual Property And Economic Development by Robert M Sherwood Pdf
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
TRIPS and Access to Medicines by Renata Curzel Pdf
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.
Security Rights in Intellectual Property by Eva-Maria Kieninger Pdf
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.
The TRIPS Agreement Implementation in Brazil by Viviane Yumy Mitsuuchi Kunisawa Pdf
Brazil's insertion into the World Trade Organization (WTO) has stimulated economic growth, as the country has been benefiting from lower trade barriers. The country has accepted the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) - Annex 1C of the WTO agreement - which sets out minimum standards of protection for Intellectual Property (IP) rights. Law No. 9,279, of May 14, 1996 was enacted to comply with TRIPS, suppressed restrictions to patentable subject matter, allowing patents in the pharmaceutical field. The granting of compulsory licenses as one of the flexibilities to patent rights provided in TRIPS and in the Brazilian law plays an important role in the governmental program of free distribution of drugs for the treatment of AIDS, evidencing the complex relationship between private and public interests. This study has been conducted with use of bibliographical method, providing for an analysis of the Brazilian patent law within the framework provided by TRIPS. The provisions on patents in the pharmaceutical area and compulsory license have been chosen to serve as the main driver for such analysis. Viviane Yumy Mitsuuchi Kunisawa is a Brazilian attorney specialized in IP Law.
"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 Rights In Science, Technology, And Economic Performance by Francis W. Rushing Pdf
This book discusses the economic, political, legal, and social concerns of the world's governments on intellectual property rights. It analyzes the systems of both developed and developing economies and draws a clear picture of the status of intellectual property regimes around the world.
Intellectual Property and Public Health in the Developing World by Monirul Azam Pdf
Across the world, developing countries are attempting to balance the international standards of intellectual property concerning pharmaceutical patents against the urgent need for accessible and affordable medicines. In this timely and necessary book, Monirul Azam examines the attempts of several developing countries to walk this fine line. He evaluates the experiences of Brazil, China, India, and South Africa for lessons to guide Bangladesh and developing nations everywhere. Azam's legal expertise, concern for public welfare, and compelling grasp of principal case studies make Intellectual Property and Public Health in the Developing World a definitive work. The developing world is striving to meet the requirements of the World Trade Organization's TRIPS Agreement on intellectual property. This book sets out with lucidity and insight the background of the TRIPS Agreement and its implications for pharmaceutical patents, the consequences for developing countries, and the efforts of certain representative nations to comply with international stipulations while still maintaining local industry and public health. Azam then brings the weight of this research to bear on the particular case of Bangladesh, offering a number of specific policy recommendations for the Bangladeshi government—and for governments the world over. Intellectual Property and Public Health in the Developing World is a must-read for public policy-makers, academics and students, non-governmental organizations, and readers everywhere who are interested in making sure that developing nations meet the health care needs of their people.
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.
Access to knowledge is a demand for democratic participation, for global inclusion and for economic justice. It is a reaction to the excessively restrictive international IP regime put in place over the last two decades, which seeks to reassert the public interest in a more balanced information policy. With sponsorship from the Ford Foundation, the Information Society Project at Yale Law School has embarked on a new series of access to knowledge research, in partnership with colleagues in Brazil, China, Egypt, Ethiopia, India, Russia and South Africa. The first book in this series, Access to Knowledge in Brazil, focuses on current issues in intellectual property, innovation and development policy from a Brazilian perspective. Each chapter is authored by scholars from the Fundação Getulio Vargas law schools in São Paolo and Rio de Janeiro and examines a policy area that significantly impacts access to knowledge in the country. 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.