Da expectativa de direitos da Monsanto no Brasil sobre os pedidos de patentes da "tecnologia" Intacta RR2 PRO:: Onde está de fato a Inovação?
The RR1 technology-related patents that expired on 31/08/2010 are still being court challenges object in Brazilian courts, mainly on overpayment of royalties to Monsanto, and the discussion is the technology involved is regulated by patent law or cultivars. Meanwhile Monsanto submitted new patent re...
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| Format: | Article |
| Language: | Portuguese |
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2014
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6723852 |
| Source: | PIDCC: Revista em propriedade intelectual direito contêmporaneo, ISSN 2316-8080, Nº. 8, 2014, pags. 85-134 |
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| Summary: |
The RR1 technology-related patents that expired on 31/08/2010 are still being court challenges object in Brazilian courts, mainly on overpayment of royalties to Monsanto, and the discussion is the technology involved is regulated by patent law or cultivars. Meanwhile Monsanto submitted new patent registration documents to follow charging royalties for the "new" technology known commercially as Intact RR2 PRO and is already in the Brazilian market. The crucial question in this paper is to analyze whether the new RR2 technology Monsanto holder may be treated as prior art against the RR1 its legal, legal and socio-economic effects, and the scope of the protection conferred by the various patent documents vindicated before the administrative body - INPI. |
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