Contractual Relationships Between Biotechnology Companies and Traditional Peoples: Analyzing Intellectual Property Rights and Sustainable Development Perspectives

Abstract

This research aims to analyze the contractual relationships that form between biotechnology companies and traditional peoples when the former utilize the knowledge of the latter to reduce research costs and time, leading to profit generation and proper compensation for the traditional knowledge provided. The study highlights the legal significance of protecting intellectual and industrial property rights, incorporating an analysis of the historical evolution of legal instruments on a global scale, such as the 1883 Paris Convention and the establishment of the World Trade Organization through the 1994 Marrakesh Agreement, with its key instrument being the TRIPS agreement. TRIPS serves as a milestone through which many countries have regulated their domestic intellectual property norms, including Brazil, which is a signatory to the agreement. In Brazil, this domain has undergone modifications since the 1988 Federal Constitution recognized intellectual property as a fundamental right, culminating in the enactment of the current legislation on the subject, Law No. 9.279/96. This law ultimately regulates patent registration and associated obligations, among other provisions. Notably, the concept of green patents has emerged to protect biotechnological innovation knowledge, aiming to promote sustainable development in industrial production. However, grave violations of the rights of indigenous and traditional peoples have been observed in this field, as companies have appropriated their ancestral knowledge through patenting. Consequently, after intense debates and new perspectives, it has been acknowledged that such knowledge should not be subject to patents. In conclusion, it is determined that the "Green Patent" program has the potential to contribute to significant technological and economic advancements in Brazil, but it must always adhere to the guidelines of sustainable development, which encompass social and environmental rights, ensuring reasonable rights and safeguarding their inviolability.