The challenges of intellectual property protection in the public university

Abstract

The present work intends to analyze the protection of intellectual property in the Public University, as well as to identify relevant aspects regarding its treatment within these Institutions. This is because technical studies show that, in Brazil, Public Universities hold the predominance of technological research, financed mostly with public resources, representing an important innovative space and making the State the main financier and promoter of new technologies, which imposes a new look at the intellectual protection system in the country. The emergence of the Innovation Law (Law No. 10,973/2004), the Constitutional Amendment on Innovation (Constitutional Amendment No. 85/2015) and the New Legal Framework for Science, Technology and Innovation (Law No. 13,243/2016), further encouraging the development of technologies and consequently of intellectual property titles, requires a rethinking of the relations between University, company and society, on the basis of a new technological and normative paradigm, which consequently raises challenges regarding the treatment of intangible property in the university setting.