Propriedade intelectual e direito internacional: uma análise dos acordos bilaterais e regionais na era pós-TRIPS

Abstract

This study aims the analysis of bilateral and regional agreements established in the period after the formulation of the TRIPS Agreement (Agreement on Trade- Related Aspects of Intellectual Property Rights), international instrument that created minimum standards for intellectual property protection. These new agreements, in the end, aimed at hardening the level of protection of intellectual property rights, which is unfavorable to developing countries. In order to carry out the task, qualitative content analysis is performed as a theoretical framework of the proposed law as integrity of Ronald Dworkin (2003), whereby the law is an interpretive concept, based on the constructive ideals of justice, fairness, due process adjective and integrity. From this theory, we analyze the internationalization of intellectual property and the means capable of reversing this situation. It is also used theories of international relations and the development's right as the guiding principles of the international community. The aim is to elect a suitable forum for the discussion of the democratic rules of intellectual property. Finally, the results of this research are shown, including the adequacy of the theoretical framework adopted.