Propriedade intelectual e licenciamento dos direitos da patente de tecnologia CRISPR para a edição gênica no Brasil

Abstract

This study aims to propose a model contract for the transfer of intellectual property rights of the CRISPR technology and associated nucleotide and amino acid sequences according to the Brazilian Law. Despite originally being an innate immune system for a wide number of prokaryotic microorganisms, the CRISPR technology has involved into a tool for artificially programmable gene editing since 2011. The intellectual property protection and the agreement analysis serves not just the interests of inventors in protecting their invention rights, but also in transferring commercial exploitation rights to firms. This work takes a qualitative approach to the legal analysis of CRISPR patents and the proposal of a draft licensing contract for this technology, relying on national and international bibliographic references, as well as legal documentary survey. Additionally, this work takes a quantitative approach, relying on the BPTO (Brazilian Patent and Trademark Office) database as a scientific research method to examine the growth of patent application filings in Brazil related to this technology in recent years, and thus to analyse the technologic performance of Brazil for the world. Finally, this work concludes that Brazilian Law permits the patenting of the CRISPR system (the tool, the amino acid and nucleotide sequences and the microorganisms produced), provided that the technology is used for a non-natural and manipulated intervention that does not harm nature, and that is not used in human germ cells. The analysis indicates, furthermore, that the patent should not be granted outside of this hypothesis. Finally, the study suggests a draft licensing contract for the CRISPR patent that includes recommendations under explanatory notes.