As redes do conhecimento tradicional: análise do "Caso Cupulate"

Abstract

This word was carried out in order to understand the different interpretations of the term "traditional knowledge" plays in the specific aspect of the relations between traditional knowledge, cultural heritage and intellectual property. Considering that cultural heritage involves the preservation and exaltation of a people or nation as a whole, maintenance and care of the identity of incorporation to expand the concept of culture. And the intellectual property rights involve both copyright and industrial property as those relating to protection of plant varieties and plant breeder rights - that is, assigning intellectual property rights to those who get new plant varieties and/or improvement of them - and therefore, the sustainable management of technical nature; specifically, we study such meanings from two dimensions: a) the construction of the international regulatory framework, in which two distinct networks of actors competing for establishing their perspective as guiding future legal instruments (traditional knowledge as intellectual property and traditional knowledge heritage x intangible cultural), b) the analysis of an empirical case, in which these two meanings were compared - it is the "Case Cupulate", held in mid-2000 which involved the legal challenge of a Japanese patent for a product derived a species native of Brazil.