PATENTS ON GENE SEQUENCES
DOI:
https://doi.org/10.17768/pbl.y3.n3-4.p301-341Abstract
The patents on gene sequences are a controversial theme in the setting of intellectual property. The discussion revolves around the supposed inventiveness of these genetic materials: would they be considered true inventions or mere discoveries? It is certain that there is no unanimity of treatment. This study sought to systematize the patentability on genetic materials, under the decision on the Myriad Case, decided by the U. S. Supreme Court. Also, an analysis of the Brazilian legislation was necessary, as well as an understanding of the Brazilian Patent Office’s practice. Considerations were made regarding whether the protection of biotechnological inventions is necessary, pondering the mandatory social purpose of the scientific and technological development established by the Brazilian Constitution.
Downloads
Published
How to Cite
Issue
Section
License
Panorama of Brazilian Law employs Open Journal Access policies.
Authors are fully and exclusively responsible for their submissions.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License that allows others to share the work on a non-comercial basis with an acknowledgement of the work's authorship and initial publication in this journal and indicating if any changes were made. If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
