The implementation of intellectual property in the public university on the basis of the innovation legal frameworks

Abstract

This paper aims to demonstrate the implementation of intellectual property in the Brazilian public university, based on the commandments provided for in the Innovation Law, the Innovation Constitutional Amendment and the Legal Framework for Innovation. This is because these instruments, seeking to acclimate the national scenario, in which the public university holds the leading role in research activities and there is an imbalance between potentiality and effective innovation, besides encouraging innovative creations, impose the protection of the result of this State-stimulated research work, whose main instrument is industrial property. Thus, in the light of the enactments focused on innovation, the study indicates the relationship between innovation, intellectual property and the public university. In addition, it highlights the provisions of these three enactments concerning intellectual property and creation, which demonstrate the implementation and the mandatory character of intellectual property protection in the public university. Compliance with these provisions becomes essential not only for changing national performance, but also for the fulfilment of the normative commandments and objectives.