Os conhecimentos tradicionais associados: uma análise contextualizada sobre sua proteção jurídica

Abstract

The socio-environmentalist movement brought new conceptions about the environment, beginning to understand it also in a social bias, the result of man-nature interaction. Thus, the protection of associated traditional knowledge with biodiversity has become the subject of intense discussion once its fundamental role in biodiversity conservation has been verified. Allied to this, due to the advent of the biotechnology era, countries of the Southern Hemisphere, in general megabiodiverses and with a variety of traditional knowledge, have become targets of the predatory practice known as biopiracy. The associated traditional knowledge with this scenario is addressed by several normative instruments, such as the Convention on Biological Diversity and the TRIPS Agreement, international treaties which present important conflicts in the protection of such knowledge. The present work analyzes the context in which the associated traditional knowledge is inserted, it points out the inadequacies and legal divergences on its use and protection, as well as explicit an alternative to make effective the protection of such knowledge, namely the Sui generis regime. To this end, a series of legislation and doctrines will be analyzed, identifying the main points related to the proposed objectives, such as the comparative analysis of international agreements on the protection of associated traditional knowledge and the need for a new regime. It must be concluded that in order to have effective protection of traditional knowledge, intellectual property rights should be removed with the creation of a Sui generis legal protection regime that understands the nature and peculiarities of intellectual property.