Navegando por Assunto "Propriedade intelectual"

Agora exibindo 1 - 4 de 4

Acesso aberto (Open Access)
Babaçu livre e queijo serrano: histórias de resistência à legalização da violação a conhecimentos tradicionais
(2014-06) PORRO, Noemi Sakiara Miyasaka; MENASCHE, Renata; SHIRAISHI NETO, Joaquim
This article is about experiences carried out by communities whose ways of life generate and sustain traditional knowledge, in contexts of incorporation of international conventions into the Brazilian juridical system. Case studies on babaçu breaker women, in the State of Maranhão, and Serrano Cheese producers, in the State of Rio Grande do Sul, reveal the meanings of the tradition imbued in the knowledge to be protected. Empirical data analyzed under juridical and anthropological perspectives elicit, in spite of the apparent progress in the legislation, threats to multiple dimensions of ways of life grounded on traditional territories. Without effective, immediate and integral application of the ILO Convention 169, current initiatives of implementation of conventions and laws related to traditional knowledge may have opposite results. We conclude that traditional communities resist illegal appropriation of their knowledge, while interested private sectors search for the support of the rule of law to legitimize plundering.
Acesso aberto (Open Access)
Indicações geográficas e agrobiodiversidade no contexto amazônico: a necessidade de um desenvolvimento territorial que leve em consideração a identidade cultural inerente aos produtos oriundos do conhecimento tradicional
(Pontifícia Universidade Católica do Paraná, 2018-08) OLIVEIRA, Amanda Borges de; MOREIRA, Eliane Cristina Pinto
Investigating the potential of Geographical Indications for the protection of agrobiodiversity products derived from traditional knowledge is the central objective of this work. As for the methodology, it is an exploratory research, counting on data from Bibliographic Research and Field Research. The first one aimed at understanding the main concepts addressed in this work as Geographical Indications, Territorial Development and Agrobiodiversity. The Field Survey refers to the case of the Geographical Indication for the flour of Bragança -PA, still in the articulation phase, through direct observation and interrogation. A systematic observation and questioning based on forms directed to the main actors involved in the construction of the mentioned Geographical Indication project were applied, such as representatives of the cooperative elected to present the application to the INPI, public and private agents included in the process, besides the contributions of producers, reference in the production of the flour of Bragança. Therefore, from the case cited, through the induction method, it was concluded that for the protection of agrobiodiversity products, derived from traditional knowledge, it is necessary that the Geographical Indication project and its subsequent management be based on a the idea of territorial development, which takes into account not only the final product with economic prospects, but also the cultural identity inherent to the product, as well as the various social actors related to it, permeating its entire productive chain and collaborating to access markets in a qualitative way.
Acesso aberto (Open Access)
Propriedade intelectual como instrumento do etnodesenvolvimento: oportunidades na Região Imediata Soure-Salvaterra, Marajó, Pará
(Universidade Federal do Pará, 2022-11-29) RODRIGUES, Kildren Pantoja; SILVA, Christian Nunes da; http://lattes.cnpq.br/4284396736118279; CARVALHO, André Cutrim; http://lattes.cnpq.br/1089731342748216
The theory of ethnodevelopment can be used as a governance guideline for the territorial management of spaces where there are traditional peoples and/or communities, with the main aim of treating the culture of these populations as a fundamental input for their development, respecting, protecting and maintaining the managerial autonomy of such communities. It is defended that traditional knowledge must be used for the benefit of the people who hold it, and that should occurs through direction and advice by the State. For this guideline to be used efficiently, it is necessary to carry out a plan, strategically listing how such management can be carried out. In this perspective, this study presents the management of the Intellectual Property of these peoples as an effective instrument for the application of the main pillar of ethnodevelopment, that is the observance and use of traditional culture fundamentally for the benefit of the local development of the territory where such peoples and traditional communities inhabit. It is demonstrated how such direction presents itself as a true historical reparation with regard to the history of Brazil in relation to the treatment of the original cultures and those coming from the African continent, as well as listing, in detail, the legal content that underlies the use of ethnodevelopment in territories where traditional peoples and communities are found. It also explains how the Intellectual Property tools present in Brazilian legislation can be used for this purpose. From this perspective, the field research carried out in two communities of the Marajó archipelago, located in the immediate Soure-Salvaterra region, is approached, demonstrating, based on verified facts, how this Intellectual Property management can be beneficial for the Marajoara region, and, consequently, to the Amazon region. Finally, the results of this research are presented, demonstrating which are the potential products based on traditional Marajoara knowledge that have marketing strength from the application of Intellectual Property management. It is concluded that there is a latent need for public policies that use Intellectual Property legislation in favor of the local development of traditional peoples and communities, as demonstrated in the Marajoara localities in the present research studied, strengthening this statement based on the entire national legal framework relating to the matter. Finally, a little atlas of the studied region is presented with all the cartography elaborated especially for this academic work.
Acesso aberto (Open Access)
A regulação da economia da inovação: patentes e biodiversidade no desenvolvimento dos países do trópico úmido
(Universidade Federal do Pará, 2011-04-19) COSTA, Cíntia Reis; BASTOS, Ana Paula Vidal; http://lattes.cnpq.br/1992388595130579
This dissertion presents an analysis of the regulation of innovation in countries of the Humid Tropics. The guiding question is how countries deal with regulation of industrial property in their innovation policies and how they incorporate their rich biodiversity into it. Intellectual property – particularly patents – provides a broad discussion as a proxy for innovation policies however also provides some hints on how biodiversity issues are neglected by governments when establishing their convergence road towards development. The study selected some countries in the Humid Tropics that are both known for its convergence efforts and great biodiversity. These countries are: Brazil, China, Singapore, Philippines, India, Indonesia, Malaysia, Mexico, Thailand, Taiwan and Vietnam. Data collected in the patent databases of the World Intellectual Property Organization – WIPO shows that those countries make little use of patents for the protection of biodiversity. The scientific knowledge of species richness and its appropriation by the society is limited. This is may occur as biodiversity is not seen by the institutions of the Humid Tropics as a crucial asset. Its use is not characterized by ownership and its role in the value chain that permeates this particular asset. It is argued that countries should focus their investment in R&D in specific assets, thus we believe that this applies for biodiversity. Making an exhaustive meta analysis of regulatory patent systems of these selected countries, we found that the basic requirements of a patent are standardized. Our analysis, suggest that countries in the Humid Tropic redirect their protection of intellectual property, in order that future innovations highlight the specific assets of the region. Furthermore, a careful design of laws regarding those rights is necessary, taken in account economic, social and environmental aspects. The disclosure of local advantages through analyzing the intensity of ownership of biodiversity through the patent system, as well as the comparison of the dynamics of the patent laws of countries at the innovative system, can guide institutional decisions, regarding the regional technological development.