As Teorias Rivais sobre a Propriedade Intelectual no Brasil

Luciano Benetti Timm, Renato Caovilla


The present essay analyzes the state-of-the-art in the debate concerning the interactions between intellectual property, innovation and economic development. On one hand, the treatment conferred to the theme by the Law & Economics approach is exposed, taking as premises the Schumpeterian theory of creative destruction, as well as Douglass North’s neo-institutional theory. Accordingly, a faulty intellectual property protection is considered a tragedy of the commons. On the other hand, the theory supporting that the consequence of the current protection provided by intellectual property and its exclusionary rights is actually a tragedy of anticommons. It is also described here the social function of property theory (so vigorous in Brazil) that considers intellectual property as a form of property that should be devoted to satisfy a social function. Finally, a Brazilian innovation database and some implications in the country about the importance given by the government and society to intellectual property are analyzed.


Law & Economics; Intellectual Property; Innovation; Tragedy of Commons; Tragedy of Anticommons; Social Function


Economic Analysis of Law Review  -  ISSN 2178-0587

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