Full text
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| Author(s): |
Janaina Elisa Patti de Faria
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | Campinas, SP. |
| Institution: | Universidade Estadual de Campinas (UNICAMP). Instituto de Geociências |
| Defense date: | 2012-08-20 |
| Examining board members: |
Rafael de Brito Dias;
Ivo Marcos Theis;
Renato Peixoto Dagnino
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| Advisor: | Rafael de Brito Dias |
| Abstract | |
The overall goal of this Master's Dissertation is to present historical, legal, economic and political elements concerning intellectual property in order to contribute to a critical reflection about the current naturalized vision of the beneficial role played by this social institution. In the first chapter we intend to articulate the theoretical aspects of the functionality of intellectual property in capitalism - especially patents - with the historical trajectory of the mechanisms that ensure the status of private ownership of knowledge and intellectual creations. The rise of monopoly capitalism in the late nineteenth century and the signing of the Paris Convention are the starting point of the historical analysis. Noteworthy is the U.S. role as a catalyst for major international changes in this field with particular strength in the neoliberal period, culminating in the signing of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS) of the World Trade Organization (WTO). The second chapter discusses some impacts of the international homogenization of intellectual property rights (IPRs) established by TRIPS to peripheral countries, highlighting the political and economic coercion exerted by the U.S. for the adoption of rules stricter than those required by the Agreement. It also elucidates the political process of the internalization of TRIPS in Brazil and some consequences in regard to payments for technology transfer contracts. The third chapter, in turn, illustrates the worldwide conflict generated by TRIPS in a specific production sector: the pharmaceutical industry. It presents arguments that contribute to the debate on pharmaceutical patents, innovation, production and access to medicines. The behavior of the pharmaceutical industry with operations in Brazil and access to medicines in the country are also covered in the third chapter. The fourth and final chapter of this work explores the recent strategies adopted by developed countries to raise the international level of IPRs primarily through the expansion of enforcement rules. The focus is given to three initiatives of the 'enforcement movement': EC Regulation 1383/2003 of the European Union, International Medical Products Anti-Counterfeiting Taskforce of the World Health Organization (IMPACT/ WHO) and the Anti-Counterfeiting Trade Agreement (ACTA). It is pointed out that the new rules are overwhelmingly negotiated in forums where peripheral countries have little or no chance to express their interests regarding regulations that impact them directly or indirectly. In general, the foundation of this Master's Dissertation is the relationship of economic exploitation and political domination between central and peripheral countries; in a large extent, this relationship designs the international intellectual property rules in order to favor countries that are the gravitational center of capitalism (AU) | |
| FAPESP's process: | 10/14278-2 - Intellectual property rights and anti-counterfeiting initiatives |
| Grantee: | Janaína Elisa Patti de Faria |
| Support Opportunities: | Scholarships in Brazil - Master |