A (im)possibilidade de limitação da propriedade intelectual em prol do interesse público

Abstract

What is the (im) possibility of limiting intellectual property in favor of the public interest? Alongside this question, the objective is to develop reflections on the mechanism that seeks to protect the production of the human intellect, collectively in this production, which results in the creation of the institute called intellectual property. Inaugurating the development of the work, the second chapter addresses some of the basic concepts of this type of ownership. It is justified that intellectual property is one of the most important mechanisms for the protection of intellectual property rights, such as patents, trademarks, industrial designs, literary works, and copyrights, among others. These forms of intellectual property are developed and regulated by copyright, which are the exclusive rights of the author over his creations and works. In the third chapter, bibliographical research techniques, articles and reports, to know, explain and relate intellectual property and the Covid-19 pandemic, in how, for example, it affected and changed the work paradigm, where many companies migrated their business to the digital environment. This means that many of the companies' copyrights and patents have been put to the test. In the fourth chapter, we seek to understand the applicable laws that regulate the recognition, protection and use of intellectual property rights, and the comparison of international laws that regulate intellectual property worldwide, such as, for example, the World Trade Organization Intellectual Property Agreement (TRIPS). In turn, the fifth chapter confirms the understanding with examples of inventions, innovations, in Brazil and in several countries, over time, and that go against the limitation (or not) of intellectual property and the public interest. It is believed that the present study is capable of helping to understand some aspects of the area in question, providing important information so that the reader can obtain a better understanding of the subject, in addition to offering examples and practices that can help to improve the understanding. In another turn, the present foray seems to be useful to develop qualified discussions about the meaning and scope of intellectual property, when exploring its rights and responsibilities, and whether the owner of this intellectual property has the right to prevent the unauthorized use of his creation, in the public interest.