O sistema de patentes e a tutela dos conhecimentos tradicionais associados à biodiversidade

Abstract

This study deals with the analysis of traditional knowledge and its relationship to intellectual property as well as their relationship with biodiversity and attempts to demonstrate the need to agree on a system of effective protection of that knowledge. For, there is still no adequate system for the protection thereof. In this perspective, we study the national and international legislative framework, namely the Convention on Biological Diversity (CBD), the TRIPS Agreement, the constitutional legislation and the Constitution of 1988. It is understood that the protection of traditional knowledge is necessary in order to curb the misappropriation of nature that is present today, through the utilitarian form that has been usurped the rights of traditional populations. Finally, the study looks at the prospects for the construction of a sui generis system of protection of traditional knowledge, anchored on the basis of legal pluralism, which implies the emancipation, the observation of human dignity and global solidarity, pointing out that the economistic hegemony of today is not privileged at the expense of human values. For this, we use the deductive method, the literature and the systemic-complex approach.