A regulação da economia da inovação: patentes e biodiversidade no desenvolvimento dos países do trópico úmido

Abstract

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.