Banca de QUALIFICAÇÃO: JOAO PEDRO VALENTIM BASTOS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : JOAO PEDRO VALENTIM BASTOS
DATE: 19/08/2021
TIME: 10:30
LOCAL: PLATAFORMA VIRTUAL
TITLE:

The prominence of science and technology institutions in the national scenario of patent applications filed by residentes, given the functional and constitutional understanding of patent rights

KEY WORDS:

Intellectual property. patent. public universities. science. technology. innovation.

PAGES: 190
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Privado
SPECIALTY: Direito Comercial
SUMMARY:

In a broad sense, this study adresses the subject of intellectual property, which traditionally comprises two major fields of rights: copyright and industrial property. In a more restricted sense, the research will focus on the industrial property of patente rights and, more specifically, on the prominence of science and technology institutions (ICT) in the filling of patente applications with the National Institute of Industrial Property (INPI), notably public universities. The text will advance through four sections, using the deductive-inductive method for a bibliographic, legislative and documentar analysis with a descriptive objective. The numbers were searched in the database and documents made available by the INPI and in the UFAL and NIT/UFAL websites, as well as of any Other universities occasionally considered during the research. The theme combines subjects marked by interdisciplinarity in the literature, but the proposed analysis is essentially legal and not interdisciplinar. In other words, studies already developed and published in other areas were considered only for complementary and clarifying purposes. In sequence, we sought to extract useful contibutions from historical and doctrinal understandings on the structure of the patente legal institute in the first and second sections of the work, advancing in the next section to a constitutional and functional understanding of the material contente of this right, from the methodology for legal interpretation of the constitutionalization of private law. Finally, the fourth section dealt with the evolutionary and institutional context of science, technology and innovation, with the purpose of confronting the developed understandings and, finally, concluding on the connection between the subjects covered and the pertinence, in a view of the constitutional and functional interpretation of the patent law, of the particular context of the prominence of science and technology institutions (ICT) in the filling of patent applications by Brazilian residents. Initially, the premise adopted was that patente rights are legal artificialities consisting of exclusives for the economic exploitation of technologies that can be determined by legal technical requirements. These exclusives are assumed to be production goods in the economic logic of the Market enshrined in the Brazilian constitutional system. Therefore, given the system in which  they exist and are valid, these rights only assume functionality within the productive envirionment. In this way, the general objective arises to understand the connection, congruence and pertinence in the prominence achieved within this scenario by academic institutions historically focused on higher education and basic research, whose agenda and gears would not, in principle, be in step with the agenda and gears of industry and the Market. Seen from another angle, the objective is to undestand the relationship between patente law and the fields of Science, technology and innovation in the Brazilian regulatory context.

BANKING MEMBERS:
Interno - 1639871 - FREDERICO WILDSON DA SILVA DANTAS
Interno - 3289832 - JOSE BARROS CORREIA JUNIOR
Presidente - 1121340 - QUERINO MALLMANN