A tutela dos conhecimentos dos povos tradicionais associados à biodiversidade e a criação de um regime sui generis

Abstract

The current legislative structure that protects the intellectual property concerning the knowledge of the traditional folks doesn’t adjust to the need of protection of these knowledge, which possesses a collective nature. This situation of abandonment propitiates the appropriation of genetic resources that belong to countries like Brazil by countries that own biotechnology. Considering that, occurs an appropriation without the proper return to the true owners of these knowledge. Despite the existence of deals that regulate the matter, none of them is truly effective, that’s why the writers suggest the creation of a sui generis bill of protection. Considering that, this monograph has the objective of analyze the current protective treatment given to the traditional folks’ knowledge in association with biodiversity and, in what measure, the creation of a new protective bill can contemplate its necessary security. In the present paper, it’s used the deductive method, as the approach method, and the bibliographic search as procedure method, using the constitutional legislation, the ordinary legislation, as well as the authors’ opinions regarding the subject. Because it’s a subject of social, cultural and economical relevance, the current paper’s discussion is extremely relevant.