A função social da propriedade intelectual

Abstract

The present study, backed the methodology of the Law and Economic (L&E), is a dis-cussion of the social function of intellectual property (IP), the role that IP exercises in socie-ty. In pursuing its objectives, this paper goes through the concepts of ownership and the discussions of their application as technology technical solution to one (or more) technical problem. After discussing the nature of knowledge (resource which is the raw material of human creations), always under the criteria of the L&E, this research has focused on the inves-tigation of IP as property. Leaving for the conclusions, remains clear that, being a subspecies of property, with the difference being related to intangible assets, the IP has the same social function of the genre property, namely: allow private ownership to avoid underinvestment. Since PI is an imperfect technology, it comes with side effects (social costs) and, in conclu-sion, it is equally clear that it is necessary to use means to mitigate such effects, such as the temporal limitation of the rights of property intellectual (IPRs).