A análise da concessão de patentes aos softwares no Brasil e seus efeitos concorrenciais

Abstract

Challenges are imposed on the legal community as intellectual property fits in with technological advances. This monograph defends the inapplicability of the patent system to computer programs in the Brazilian legal system due to three main arguments: (i) the formal violation of INPI Resolution No. 158/2016 to the laws in force in Brazil, specifically the Industrial Property Law (Federal Law No. 9,279 / 96), Copyright Law (Federal Law No. 9,610 / 98) and the TRIPS Agreement (Decree No. 1,355 / 94); (ii) the material incompatibility of the patent regime with computer programs; and (iii) the damage to competition and innovation caused by patenting inventions implemented by computer programs, based on US experience of granting patents to such inventions and the emergence of patent trolls and patent thickets in the software market, considered barriers to market entry for small and medium entrepreneurs, according to recent reports from the United Kingdom Intellectual Property Office. For these reasons, the paper argues that the copyright system is the most compatible to protect computer programs, to ensure the legal security of developers, boost innovation and lower transaction costs.