Industrial property and open innovation: axes and links of access between patent exclusivity and social function
Abstract
The article examines compulsory licensing as a legal instrument for reconciling patent protection with access to socially relevant technologies. The issue under investigation lies in establishing normative parameters that safeguard the remuneration of the right holder while ensuring the timely dissemination of innovations in matters of public interest. The study is justified by the importance of defining mechanisms capable of preserving the economic attractiveness of research and development while enabling the public purpose of patents. The central hypothesis holds that the adoption of remuneration schemes, binding deadlines, and integration into cooperative mechanisms for technology transfer materializes legal certainty and mitigates conflicts. A legaldogmatic and comparative approach is employed, analyzing Article 68 of Law No. 9,279 of 1996, Articles 31 and 31bis of the TRIPS Agreement, European Union initiatives, and cases from Israel and Canada, as well as examples from the pharmaceutical, telecommunications, and opensource software sectors. The conclusion is that the coordinated implementation of compulsory licensing, in association with complementary mechanisms, fosters regulatory predictability and enhances access to technologies of collective interest.
Downloads
Copyright (c) 2025 Bruna Guesso Scarmagnan Pavelski, Aline Storer, Melrian Ferreira da Silva

This work is licensed under a Creative Commons Attribution 4.0 International License.
This journal provides open access to its content, based on the principle that providing the public with free access to research helps a greater global exchange of knowledge
Revista de la Facultad de Derecho. Creative Commons Reconocimiento 4.0 Internacional License.




