Navegando por Assunto "Propriedade intelectual - Brasil"
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ItemAccess to knoledge in Brazil: new research on intellectual property, innovation and development(Yale Information Society Project, 2008) Shaver, LeaThe present volume is the fruit of a research initiative on Access to Knowledge begun in 2004 by Yochai Benkler, Eddan Katz, and myself. Access to Knowledge is both a social movement and an approach to international and domestic policy. In the present era of globalization, intellectual property and information and communications technology are major determinants of wealth and power. The principle of access to knowledge argues that we best serve both human rights and economic development through policies that make knowledge, knowledge-creating tools, and nowledgeembedded goods as widely available as possible for decentralized innovation and use. Open technological standards, a balanced approach to intellectual property rights, and expansion of an open telecommunications infrastructure enable ordinary people around the world to benefit from the technological advances of the information age and allow them to generate a vibrant, participatory and democratic culture. Law plays a crucial role in securing access to knowledge, determining whether knowledge and knowledge goods are shared widely for the benefit of all, or controlled and monopolized for the benefit of a few. ItemAnálise do Caso Anfape e reflexões sobre os desenhos industriais no setor automotivo(2021-12-16) Barbosa, Rafael MendesA presente pesquisa tem como objetivo a análise jurídica dos direitos de desenho industrial no setor automotivo brasileiro. Nesse sentido, uma análise crítica da Lei de Propriedade Industrial (Lei nº 9.279/96) será realizada, bem como da sua tênue relação com o Direito Concorrencial, no que diz respeito ao suposto efeito de fechamento do mercado secundário (aftermarket) de autopeças, devido às limitações impostas pela legislação vigente. Para melhor expor os argumentos, objeto deste trabalho e como suporte para a proposta de lege ferenda, será realizada a análise do caso “Anfape”, processo administrativo que tramitou no CADE entre 2007 e 2018, tendo como discussão o exercício dos direitos de desenhos industriais detidos por montadoras de veículos, em contrapartida à restrição de acesso ao mercado secundário de autopeças por fabricantes independentes e, consequentemente, a limitação da liberdade de escolha por parte dos consumidores. ItemBISA copyright review: Brazil(2009-06-17) Martini, Paula; Liang, Lawrence; Iyengar, Prashant; Kahn, RebeccaThis paper is part of the Brazilian branch of the BISA Copyright Review, a research project focused on the intersection of copyright and public interest in Brazil, India and South Africa, funded by the Ford Foundation. The Brazilian contribution is based on interviews with some of the key actors involved with the process of copyright reform initiated by the Brazilian Ministry of Culture in 2007, and provides a thorough picture of the Brazilian copyright policy scenario as of 2008. ItemA licitude do consentimento tácito na prática de importação paralela: como os tribunais brasileiros vêm decidindo esta questão(2014-11) Lemos, Suzana Maria Teixeira deConsidering the current context of globalization and expansion of international trade, Parallel Imports has been a great challenge for legal scholars and courts around the world. In the present work, it will be possible to realize how the practice of Parallel Import is interfering and causing conflicts in trade relations between the holders of the trademark, right, its licensors and third importers, deepening the analysis exhaustion of Intellectual Property rights adopted in Brazil. The complexity of the issue is closely linked to the issue of consent of the mark in this type of relationship. Thus, this work aims to analyze how the courts have been interpreted the art. 132, item III of Law 9.279/96 and involving the legality of the practice of Parallel Import with the tacit or express consent. ItemMind the gap: lessons from the UK to Brazil about the roles of ttos throughout collaborative R&D projects(ANPAD - Associação Nacional de Pós-Graduação e Pesquisa em Administração, 2017) Thomas, Elisa; Vieira, Luciana Marques; Balestrin, AlsonesThe literature about collaboration for innovation has reported fundamental activities performed by intermediaries. In this paper, universities’ technology transfer offices (TTOs) are placed as intermediaries between academic research and the industry. Our study focuses on collaborative research and development (R&D) projects between universities and industry in order to understand the roles of TTOs throughout the whole duration of the project. The main aim of this paper is to identify the roles of TTOs throughout collaborative R&D projects and suggest some lessons for Brazilian TTOs based on the experience of the United Kingdom. Through qualitative case studies in the United Kingdom and Brazil, the analyses show that both TTOs performed critical activities for collaborative R&D projects. Similar activities at both TTOs were the management of partnerships in terms of negotiating contracts and the protection and licensing of intellectual property. Findings also show that the search for partners in the beginning of the project, the pacifier role of the TTO to help mutual understanding, and the active commercialisation of academic research to external partners happened only in the UK case, which may generate implications for TTOs in Brazil. © 2017, ANPAD - Associacao Nacional de Pos-Graduacao e Pesquisa em Administracao. All rights reserved. ItemA proteção dos direitos de propriedade intelectual e as estratégias das empresas de sementes e biotecnologia: uma comparação dos casos americano e brasileiro(2014-02-05) Yokoyama, Silvia MineThe focus of this research is to evaluate whether the adoption of rules protecting new crop varieties and genetically modified plants have impacted the strategies adopted by soybean and corn seed companies in Brazil, when compared to the United States. The results of this double comparison have shown that, in the case of hybrid corn, as it has a natural protection, the stimulus for private investment occurred independently from the existence of the formal protection rules. Such rules were essential to motivate such investment in soybeans, as it was possible to know from the transformation of the seeds industry in Brazil by the end of the 1990s. In addition, although the genetic modification has occurred either in the traits with agronomic characteristics, which consequently promote yield increase, and traits for quality improvement, the demand from the grower has been concentrated in the first type, which economic returns is directly appropriated by them. It was also possible to verify that the complexity of the research and development process and the need for local specific investments justify the high level of global consolidation of the seeds sector with biotechnology and agrochemicals. In those sectors, the possibility of appropriation over the innovation rights was shown to be fundamental to motivate private investment.