Contribuições ao estudo do direito internacional da propriedade intelectual na era Pós-Organização Mundial do Comércio: fronteiras da proteção, composição do equilíbrio e expansão do domínio público / Contributions to the study of international law of intellectual property in post-world trade organization era: frontiers of protection, balance reshape and expansion of public domain

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

02/07/2010

RESUMO

After 15 years from its adoption by the Member States of World Trade Organization, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) still remains as one of the main pillars of the modern institutions of international intellectual property system and deserves a continuous assessment analysis of its overall impacts on developing countries, their innovation systems and developmental concerns. In this sense, expansionist trends and higher levels of protection of intellectual property rights (IPRs) in multilateral, regional and bilateral levels - are nevertheless confronted with the actual needs of developing countries in exploring existing and pending flexibilities within the international intellectual property legal regime. This appears to be true particularly after the post-transitional phase of TRIPS Agreement, where implementation of the multilateral obligations related to substantive protection and enforcement procedures gave rise to considerable contentious issues emerging from demands for access to global public goods, knowledge goods. This Doctoral Thesis offers a contribution to the current debate on International Intellectual Property Law in Post-WTO Era and proposes an analysis and reappraisal of its elements, principles and objectives. The work aims at focusing the imperative task of redefining the intrinsic balance of intellectual property and maintenance and expansion of the public domain as values of an international ordre public. In this context, we analyze the systemic objectives of a prospective international intellectual property regime, which were in part consolidated by the proponents of Doha Declaration on TRIPS and Public Health of 2001 and WIPO Development Agenda. In the first part (Status Quo: Past and Present of Intellectual Property in International Order) we analyze the main development of the current international intellectual property regime, its foundations in Post WTO/TRIPS, and convergent intellectual property related competences in international legal order. The second part (Present revisited towards the future of intellectual property rights) approaches the implications of expansionist trends and strengthening of standards of IP protection. In this case, our work focuses on two particular cases: the substantive harmonization and global protection systems and enforcement of intellectual property rights. The third part (Future of Intellectual Property Rights in International Legal System) further analyses core objectives and principles of International Intellectual Property Law in Post-WTO (balance, transparency, international cooperation and transfer of technology) and proposals for the maintenance and expansion of public domain, flexibilities and options for the access to the knowledge goods.

ASSUNTO(S)

acordo geral de tarifas e comércio comércio internacional direito internacional enforcement of ip rights global protection systems international intellectual property law international trade law knowledge goods propriedade intelectual public domain substantive harmonization trips trips agreeement wipo development agenda world intellectual property organization world trade organization

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