Intellectual Property Rights. I. Historical Aspects, Present Situation and how they Affect Industry

Abstract

This article, in two parts, provides an introduction for the reader into the subject of intellectual property (IP). In the first section IP is defined, its history described, how, through various modifications in the course of time, the concept of intellectual property rights led to the formation of the World Intellectual Property Organisation (WIPO) and summarises discussions that have taken place in this organisation. The second part of the article goes on to describe the transformation of GATT (General Agreement of Trade and Tariffs) into the World Trade Organisation (WTO) and analyses the principal international treaties that govern this area, as well as a comparison with national legislation (principally Law N.º 9,279 of 14 May 1996) The final conclusion is that a country which wishes to be independent in the 21st century cannot afford to ignore intellectual property rights and still less submit to pressures from more highly industrialized countries. These countries seem, more and more, to want to transform IP into an instrument of domination, when it should be, one would suppose, an instrument designed to stimulate international trade, to assure just distribution of wealth and so diminish the gap between “developed” and “developing” nations. The article is based on the writings of well-known authors and relevant laws. Original texts of laws and treaties are also given, the whole supplying the reader with ample indications for further study of the subject.