O registro de patentes de organismos geneticamente modificados

Abstract

The production and marketing of transgenic plants are involved in a series of discussions and debates, as they concern the use of genetic engineering for the promotion of innovations in the fields of science and technology and for the creation of economic value. Genetically modified organisms bring questions in various areas, such as environment, politics, economy, law, society, ethics, religion and philosophy; dealing with them jointly and harmoniously is such a difficult task. One of the subjects which refer to transgenic plants, especially due to its intrinsic relation to research and commerce, is intellectual property. The international and national regulatory frameworks which tackle intellectual property rights associated to transgenic plants, as well as regulatory frameworks related to their development and marketing, form a complex and overlapping legal scenario, which influences research and business with transgenic products. This work analyses, at international level, the agreements from the World Trade Organization regarding intellectual property and the conventions for the protection of new varieties of plant. At national level, the Industrial Property Law, the Varieties Protection Law, the Biosecurity Law and the Provisional Measure for the access to Brazilian genetic resources are analyzed. From these analyses, tendencies are indicated concerning the future of regulatory frameworks and research, development and business with transgenic plants. A better comprehension of such regulatory frameworks and of their implications contributes to the use of Brazilian potential it encompasses the definition of a clear and coherent legal scenario, which keeps up with international prescriptions and national necessities, along with policies for the incentive of other elements essential to local innovation.