Propriedade intelectual e conhecimentos tradicionais: uma análise discursiva decolonial sobre o reconhecimento dos povos e comunidades tradicionais no ordenamento jurídico brasileiro sob a perspectiva dos direitos humanos
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2017-08-11
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Universidade Federal de Goiás
Resumo
Little by little, the traditional knowledge associated with biodiversity was invisible and
regarded as subaltern by modern society. However, due to its market potential, it has
become of great importance for the drug, cosmetic, seed, etc. industries, since these
knowledges applied by traditional and local communities became shortcuts to the
development of biotechnology, and led to the economy of Lots of time and money in
surveys. As a means of regulating access to traditional knowledge, the Convention
on Biological Diversity (CBD) presented a system of negotiations involving the prior
consent of communities and the sharing of possible benefits with local and traditional
populations. However, when it comes to intellectual property rights over products and
processes arising from access to such knowledge, there is a conflict between the
CBD provisions and the TRIPS Agreement, an international treaty regulating rights to
inventions and patents. In Brazil, as a result of international articulations on the
subject, the issue was initially disciplined by Provisional Measure No. 2.186-16 and
later endorsed by the recent Law No. 13,123 / 2015, called the Law Biodiversity
Framework, which aims to establish legal The commercial use of products derived
from traditional associated knowledge and the supposed fair and equitable
distribution of the benefits derived from their economic exploitation. However, the
Brazilian legal system suffers from numerous criticisms from both the academic and
business community, due to the rigor imposed on access to knowledge and genetic
heritage; And on the part of NGOs, communities and traditional peoples, who
consider that there is a marked favoring of the interests of the great economic groups
and an attempt at neocolonialist domination, represented by the old colony that sells
the raw material and buys the industrialized product of the industrial powers. In view
of this controversy, considering the important and great interest of the communities
and traditional peoples on the theme, based on decolonial and foucaltian studies, it is
investigated whether the Brazilian legal system of protection of the traditional
knowledge associated to biodiversity and the distribution of benefits derived from the
Use of these knowledge recognize and include peoples and communities or whether
it is a form of perpetuation of colonial practices.
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COELHO, Marina Dias Dalat. Propriedade intelectual e conhecimentos tradicionais: uma análise discursiva decolonial sobre o reconhecimento dos povos e comunidades tradicionais no ordenamento jurídico brasileiro sob a perspectiva dos direitos humanos. 2017. 251 f. Dissertação (Mestrado em Direitos Humanos) - Universidade Federal de Goiás, Goiânia, 2017.