Identidade e inovação: a proteção e o estímulo ao professor-pesquisador nos acordos de parceria em pesquisa científica e em desenvolvimento tecnológico

Abstract

The theoretical basis of this paper is dedicated to the presentation of a normative political approach, which may creatively reconstruct the hermeneutics of the Brazilian Industrial Property Rights Act and the Brazilian Innovation Act. The object of study here is to seek a way to stimulate the inventor to produce innovation. Methodologically, the theoretical reference here applied consists of the fusion between the ideas of Law as integrity, developed by Dworkin, and Law as identity, complemented by Taylor’s social theory of identity. In fact, this methodological approach proposes the reconstruction of a system of analytical concepts based on contemporary legal theory in order to legitimatize public policies whose purpose is to foster the development of science and technology. In this context, constructive interpretation of partnership contracts in research and development allows the conclusion that the national innovation system must be focused on a learning process, which may be archived by some clauses that aim to promote the inventor’s work emancipation.