Uma análise multisetorial da patenteabilidade das seqüências de DNA humano
Authors: Carls, S.
Editors: Arrabal, A.K.
Conference: Regional University of BlumenauAbstract:
This scientific research sought to perform a multi-sectoral analysis, it includes social, scientific, economic, legal and political aspects about the impacts caused by patent protection, given or not, to human DNA sequences, with the aim to suggest criteria that could be observed at the elaboration of the juridical patentary law. In order to achieve these objectives, intense bibliographic research was developed with emphasis on scientific articles, because of the relative novelty of the subject, complementing the information with doctrine, laws and newspaper clippings. In order to structure the obtained content, it has been operationalized in inductive and deductive methods, considering the different needs of the approaches taken. One of the main issues used as support to solve the problem was the discussion about invention and discovery concepts, and their legal protection. With these information and discussions, it was concluded that a widely concessive patent system, such as the NorthAmerican, doesn´t fit to the feasibility and desirability criteria discussed during this research, since it doesn´t respect the original and singular concepts of invention. It was found, also, that the Brazilian patentary law, in spite of being consentaneous to almost the totality of the questioned points related to the concepts and principles listed, needs to organize a legal alternative to patentary protection. At the same line, it points out the importance of a review of the North-American patentary legal system, in order to reduce its protective spectrum and also stablish alternative protection systems. The law, therefore, is directly linked to social longings and must be coherent with them, considering the many objective and subjective aspects raised in this research