The custody of Associated Traditional Knowledge against the protection of intellectual property in the scope of Law nº 13.123/15

Abstract

The paper aims to analyze the effectiveness of Law nº 13.123/15 in protecting associated traditional knowledge (ATK) against its exploitation and commodification through the patent system. Even with the ratification of international regulations and the development of national legislation regarding the protection and conservation of traditional knowledge, it appears that the economistic nature of the law facilitates methods that appropriate traditional knowledge as well as regularize biopiracy. Therefore, the methodology used comprises qualitative research, of a pure nature, from the inductive approach method through bibliographic research. The results obtained indicate that Law 13.123/15 presents inconsistencies in relation to other legislative apparatuses and is insufficient for the protection of traditional communities. Finally, it is observed that the aforementioned law serves as a mechanism for perpetuating the commercial exploitation of cultures, beliefs and practices of traditional peoples, meeting the aspirations of the global market and making Brazil subservient to this dynamic.