Law and intellectual property: constitutionalisation, field of action and liability for infringement of the right

Abstract

This paper is a chapter of the undergraduate final work entitled 'Intellectual Property and the different forms of protection: perspectives of legal support and performance', and its purpose is to study the institute of Intellectual Property, its system of protection, its influence in the various fields of Law. It also addresses its contribution to society, its social function and the encouragement of research, innovation and creation, taking industry, the economy, the university and human creation as bridges to consolidate the institute, and it relates Intellectual Property rights to the Federal Constitution and to civil, criminal and administrative liability for the infringement of those rights, as well as to the action of other fields of Law. The research question is the following: what contributions can Intellectual Property provide, both for society and for the scientific and professional field? The methodology is based on bibliographic research, the method used being the narrative literature review, in qualitative and descriptive research. It was possible to perceive a considerable doctrinal and case-law dispute regarding the object researched and the system of its protection, as well as the perception of a hybrid knowledge that runs through several fields of action and domain beyond Law.