STIMULATING INNOVATION IN BRAZIL: A STUDY OF INTELLECTUAL PROPERTY LAW, BIOTECHNOLOGY AND OPEN SCIENTIFIC INNOVATION

Abstract

The Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) administered by the World Trade Organization affects a wide range of domestic public policies and industry practices in biotechnology. With the advent of global patent protection for biotechnology, Brazil faces a significant dilemma. It is necessary for Brazil to comply with international intellectual property (IP) standards while simultaneous protecting its local industry and stimulating local innovation. To this end, this thesis investigates whether or not the current IP rights-dependent business models prevailing within Western industry deprive scientists, especially in the developing world, of equitable access to biotechnology techniques, and hinders their participation in research and development by restricting access to research techniques. Drawing on the case study of Brazil, the thesis identifies key issues relevant to biotechnology, IP rights and Open Scientific Innovation (OSI) as an approach to the management of IPRs. Based on an understanding of the international and Brazilian post-TRIPS scenario, the thesis specifically addresses one central question: Is OSI feasible and desirable in the Brazilian context? It is intended that the research findings contribute significantly to the body of knowledge in relation to innovation policies. Overall, it is hoped that the findings of this thesis will promote innovation in the Brazilian biotechnology sector.