O FUTURO DA PROPRIEDADE INTELECTUAL NO BRASIL: ANÁLISE ECONÔMICA DO DIREITO SOBRE O MARCO DA CIÊNCIA, TECNOLOGIA E INOVAÇÃO

Abstract

The interaction between law and economics has been increasing, as the current phenomenon of globalization is characterized by international economic integration, regulated and dependent on contracts and regulations, involving lawyers and economists (CASTELAR, 2008, p.19). In their similarities, law and economics deal with problems of coordination, stability and efficiency in society (SALAMA, 2008, page 49). The phenomena that are at once legal and economic must pursue the same ideal - as well as other areas of knowledge - the promotion of justice and equity of the social system (CASTELAR; SADDI, 2005, p.17). As for their differences, economics seeks to explain rational behavior and has as its fundamental problem efficiency, while the law seeks to arrive at justice in the regulation of human behavior, and the value of justice is the guide of law (STIGLER, 1992, p. 463). The Law is exclusively verbal, markedly hermeneutic, aspires to be fair, criticism is given by legality. Economics is also mathematical, seeking to be scientific, with criticism at cost (SALAMA, 2008, page 49). Other differences include, in addition to the time of each one, the fact that justice looks back, to rebuild an earlier state of the arts, while the economy looks ahead, predicting and pricing the future (CASTELAR, 2008: 21). The relations between both fields are evidenced by the fundamental role of economic stability for an efficient legal system, as well as the importance of stability of norms and respect for contracts in economic development (CASTELAR; SADDI, 2005, p.88). Law needs Economics to understand the behavioral consequences, while Economics needs the Right to understand the functioning of markets (Cooteur, ULEN, 2016, p.9). In Brazil, the meeting point between Law and Economics is known as Economic Analysis of Law (AED), or Law and Economics (D & E) (Salama, 2008: 50), with the mainstream of doctrine understanding both as synonyms (ARAÚJO, 2015, page 219). It is a fact that the Economic Analysis of Law, or, Law and Economy, unites these two great fields and facilitates the understanding of each one of them (COOTER; ULEN, 2016, p.9). In both disciplines, one of the most recent and complex areas of study is Intellectual Property and Innovation. To date, there is very little literature of this area integrating both disciplines, taking care of the legal doctrine only of the juridical aspects and the economic doctrine only of the economic aspects. The research that originated this book, is justified by the opportunity to systematize a study of Intellectual Property and Innovation with the visions of both fields, with the intention of starting a discussion about the current Regulatory Framework of Innovation, through the tools , methods and fundamentals provided by the Economic Analysis of Law. To do so, we seek answers to two questions: 1) Is it possible to use the tools, methods and fundamentals provided by Law and Economics in the evaluation of the Regulatory Framework for Innovation? 2) If the answer to the first question is yes, what will be the result of this analysis: does Brazil prove to be efficient or inefficient in its investments and public policies of Innovation? The objective is to verify the efficiency (or inefficiency) of the Brazilian federal legislation that disciplines Innovation, as well as the Brazilian results in the Global Index of Innovation Efficiency, through the Economic Analysis of the Law. The method used in this research is the deductive, and the research technique used is the indirect documentary, both bibliographical and documentary.