Regimes Internacionais em Propriedade Intelectual: uma análise da estratégia adotada pelo Brasil no contencioso das patentes de 2001 na OMC

Abstract

This Master's dissertation proposes an analysis of the patent dispute that took place in 2001 in the Dispute Settlement Body (OSC) of the World Trade Organization (WTO) between Brazil and the United States, using three essential subjects as an apparatus for constructing the argument: Regimes Studies in Intellectual Property, Brazilian Foreign Policy and International Law. In the construction of the work, the contributions of institutional neoliberalism will be elucidated, especially with regard to the central role of institutions in the international system defended by this theory. In a second moment, it is intended to demonstrate how the systematization and creation of Regimes at the international level with regard to the protection of intellectual property took place, above all, the importance of the World Intellectual Property Organization (WIPO) and the reasons that led discussions on this topic to be dealt with in the WTO. In this scenario, the discussion about patent litigation between Brazil and the USA will demonstrate how a developing country acted in the face of a great power in conflict, highlighting the importance of multilateral forums to safeguard their interests. Finally, an analysis of the posture and arguments adopted by Brazil in the proceedings of the controversy will be proposed, in order to highlight the legal theses defended, the matters of International Law raised and the jurisprudence of the OSC, which made possible the result achieved by a developing country.