A proteção do conhecimento tradicional sob o prisma da propriedade intelectual

• Ano de defesa: 2013
• Autor(a) principal: Guilherme Ferreira Jorge
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; UFMG
• Palavras-chave em Português: Conhecimento tradicional; Biodiversidade; Repartição de benefícios; Propriedade intelectual; Biofarmácia
• Link de acesso: http://hdl.handle.net/1843/BUOS-9AUFKE

The dissertation has as objective the study and analysis of the Intellectual Property as consolidated in the International Society and as it is establishing in Brazil, investigating its regulation and implementation process, mainly in the protection of the Traditional Knowledge, showing their progresses and retreats. There is a long time that the access to the genetic patrimony, biodiversity and bio piracy comes in an uncontrolled way. In that sense, we intend to demonstrate that the use of genetic resources and Traditional Knowledge has been happening in an unjust way, where the traditional communities and the country from where it arises have not been consulted about its use on the manipulation and creation of new medicines. In the sequence we made an analysis of the Convention of the Biodiversity in Brazil in the sense of a compensation for its unjust appropriation but economically lucrative, starting from the establishment of a benefit partition system and the access control, as way of conservation guarantee and biodiversity maintenance, protecting the local communities' rights. With this disordered appropriation, it is demonstrated that the traditional knowledge has been less valued in the world scenery, mainly in developed countries which do not recognize its rights but use it as "trampoline" for new inventions. For better understanding it is analyzed not only the juridical regulation, but how the access to the traditional knowledge was established through the Intellectual Property, specially the patents, to propose the creation of a sui generis mechanism for protection of traditional collective rights, associate to public politics that recognize the local communities' rights on its knowledge. It will be analyzed the Brazilian legislation mainly MP 2.186/01 and its applicability in the generic resources access, biodiversity protection as well as benefits partition to finally present and discuss the role of the Council of Administration of the Genetic Patrimony and its execution's problems and conflicts.