Jus-economic structure of intellectual property

Abstract

Backed by the work of LANDES & POSNER (2003) about the introduction of an analysis of the economic structure of intellectual property, this study aspired, with the focus on problems currently faced by the Brazilian state, to expose issues addressed by those authors. From a normative analysis, since it exposes some examples of problems already put and positivized, this research sought to expose costs, benefits and, consequently, the tradeoff between these costs and benefits in the definition and maintenance of intellectual property rights (IPR). From the objective proposed here, it was found that, given the complexity of the issue and depending on the instrumental characteristics of the methodology of economic approach, the Legislature should use Law and Economics (L&E) to base their decisions related to the level of appropriability of intellectual property.