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Contribute to a better understanding of the situation in Brazil as regards the conditions of intellectual property protection in biotechnology. This is the aim of the book “Intellectual Property and regulatory issues in biotechnology”, launched by the IPEA and available on the web at http://bit.ly/18uBHjd
Among several aspects related to the topic, the publication presents the historical evolution of biotechnology in countries like the United States, Europe, Japan, China and India, making a comparison with Brazil. Integrate the discussion of intellectual property laws and regulations on how each can impact the development of biotechnologies such as rules for the protection of health or research related to biodiversity. A comparative table consolidates the patentable subject matter in biotechnology, allowing the reader to analyze what can and can not be patented in each of the countries listed in the book.
Articles converge to the conclusion that global regulation at issue has become complex, in particular the discussions concerning conflicts between the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the Convention on Biological Diversity (CBD) and the Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) of the United Nations Food and Agriculture Organization (FAO), diversity.
The publication also shows that there are potential differences between the exception of the reproductive Union for the Protection of New Varieties of Plants (UPOV), the patenting sensu stricto and, in the Brazilian case, the requirements of the CBD over the allocation of benefits.” The countries themselves have analyzed discordant interpretations of the cited international protocols , like China and Japan, which have not signed the ITPGRFA, India, which is not a member of UPOV/1978, and the United States that have not ratified the CBD”.
Another conclusion is that the internalization of these treaties by those countries is not homogeneous, in whole or harmonic, with gaps of interpretation with reverberations needed in the operation thereof and the relationship between the countries.
Biotechnological materials are among those that allow greater flexibility for countries adhering to TRIPS with regard to patenting. The rationale is that international agreement, whose membership is mandatory for members of the World Trade Organization (WTO), does not require the patenting of biotechnological matters much, leaving this choice up to each country.
This allows each country to analyze the costs and benefits of patenting genes, cells and tissues, genetically modified organisms, among others. It also allows to evaluate the degree of scientific, technological, productive and institutional development, and decide, from these variables, or if the patent is not beneficial to their development.
The legal descriptions of patentable subject matter are just nominal and not coded, which makes a strict comparability between the standards of different nations, or even their identification in patenting ratings available.
Organized by the Technical Planning and Research IPEA , Graziela Zucoloto and Rogerio Freitas , the book relies on the collaboration of André de Mello e Souza , Alexandre Gervais de Sousa , Carlos Bianchi , Borges Barbosa and Patricia Carvalho da Rocha Porto.
( With information from IPEA )