Los conocimientos tradicionales asociados reconocidos como derechos de propiedad intelectual a traves de un sistema sui generis en la legislacion brasileira

Abstract

Access to genetic resources and associated traditional knowledge (TK) in Brazil is regulated by Law 13.123/15, which is often interpreted as a mere formality that regulates access to genetic heritage and its exploration in Brazil, since it neglects the interests of the holders of these intelligences and ignores the importance of recognizing intellectual property rights and all the legal baggage involved in granting rights over the creation of intelligences belonging to the holders of TK. The present research, therefore, rests on the proposal to implement within the parameters of intellectual property law a system of protection of this knowledge based on the application of a sui generis protection system for its correct treatment and support as suggested by the World Intellectual Property Organization. The scope of the research will be the Legal Amazon, specifically the Brazilian territory, since, from a multidisciplinary study, we will establish the parameters on which, in the Brazilian legislation, a sui generis system of protection of associated traditional knowledge and biodiversity could be designed, taking as a theoretical reference the protection model implemented in Peru. The scope of the research will be the treatment of the Associated Traditional Knowledge of the Amazonian peoples in Brazil, from the intellectual property right recognized in the sui generis category and with a comparison with the Peruvian Law No. 27811 of July 24, 2002, which establishes the regime of protection of the collective knowledge of indigenous peoples related to biological resources. Due to the gaps in Law 13.123/15 regarding the recognition of CTAs as intellectual property rights, our research aims to demonstrate the importance of implementing a sui generis IP system for the adequate protection and treatment of these intelligences. It is hoped that, at the end of our work, the basis for the development of a system for the express protection of knowledge itself, which, in many cases, becomes intangible and, therefore, susceptible to appropriation by others, in the context of progress in the eradication of biopiracy, will be established. The objective is to review Law 13. 123/15 in order to extrapolate the pre-existing gaps in it and consider the implementation of a sui generis system of CTA to biodiversity that overcomes the difficulties encountered in countries that have developed this protection system based on a comparative analysis with the model adopted by Law No. 27811 of Peru, determining the difficulties and benefits that the establishment of this system would entail in the social and economic fields, as a reinforcement in the fight against biopiracy at the transnational level. As for the methodology to be used in this research, there will be a symbiosis between bibliographic and exploratory qualitative research, together with the deductive comparative method, since books, articles, journals and specialized websites will be consulted, in addition to doctrine, national legislation and international regulatory frameworks, which will serve as the basis for future field research, since the theoretical material apprehended in the bibliographic phase will guide the qualitative and comparative incursions.