Kritika: Essays on Intellectual Property
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Kritika: Essays on Intellectual Property

Volume 4

Edited by Peter Drahos, Gustavo Ghidini and Hanns Ullrich

The fields of intellectual property have broadened and deepened in so many ways that commentators struggle to keep up with the ceaseless rush of developments and hot topics. Kritika: Essays on Intellectual Property is a series that is designed to help authors escape this rush. It creates a forum for authors who wish to more deeply question, investigate and reflect upon the evolving themes and principles of the discipline.
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Chapter 5: The forsaken PTO: some observations on public policies concerning intellectual property law in Brazil

Pedro Marcos Nunes Barbosa

Abstract

The essay presents the current state of public policies regarding the protection of intellectual property in Brazil. It does so in straightforward terms as a matter of drawing attention to, first, the political disinterest of which the Brazilian PTO suffers and the development of treacherous escape routes from the PTO’s backlog; second, the erosion of the qualitative thresholds to obtaining protection; and, third, the trend to allow protection by overlapping rights. This picture of a political and legal disorder is set in the overall framework of the general theories prevailing in Brazil as regards the legitimacy of protecting intellectual property one the one hand, and, on the other, the principle of the Brazilian Constitution that intellectual property must serve a social function.

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