The Future of the Patent System

The Future of the Patent System

Edited by Ryo Shimanami

In a rapidly changing world, the underlying philosophies, the rationale and the appropriateness of patent law have come under question. In this insightful collection, the authors undertake a careful examination of existing patent systems and their prospects for the future. Scholars and practitioners from Japan, the US, Europe, India, Brazil and China give detailed analyses of current and likely future problems with their respective systems, and outline possible responses to them.

Chapter 8: The Brazilian patent system: challenges for the future

Viviane Yumy and Mitsuuchi Kunisawa

Subjects: asian studies, asian law, law - academic, asian law, intellectual property law

Extract

Globalization has led not only to a change in trade and cultural relationships among countries, but it has also created a friendly environment towards innovation worldwide. The world has recently witnessed fastgrowing innovation in many areas: the fields of information technology and biotechnology being a representative example. In this globalized era, economic development is closely related to technological development. In a society where wealth creation is no longer based solely on real estate, but rather on the magnitude of digital and genetic information, intellectual assets have become a major source of economic growth. Along with the development of industrial, commercial and cultural business, the advancement of high technology founded on information and knowledge, that is Research and Development (R & D), is vital to a country’s economic growth. In this regard, a country’s technological development is closely linked to its patent system. The patent system is a mechanism to protect pioneer industrialists and investors against the spillover of innovative information and, thus, competition by those who have not taken the initial financial risks. By assuring the exclusive use of the patented innovation for a limited time, the patent system facilitates the disclosure of such techniques and the possibility for the public to benefit thereof within a relatively short term.

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