Brasil y Chile: Diversas estrategias de integración comercial, diferentes leyes y políticas de propiedad industrial

Abstract

Currently there is a double tendency regarding intellectual property. On the one hand, a turn from law to commercial logic, inasmuch as international intellectual property agreements are signed as "annexes" of international agreements and treaties, and not as autonomous legal agreements. On the other hand, a tendency towards the homogenization of intellectual property laws aimed towards a greater strictness in terms of protection periods and legal penalties. This without taking into account the differences between countries with different productive structures, and not assessing intellectual property in development processes. Based on the observation of the Brazil and Chile cases (international commercial agreements, industrial property laws and policies), we offer a contrast to these tendencies parting from the assumption that different international integration strategies generate significantly different legal frameworks and public policies on industrial property. Based on the comparison, we conclude that having greater international autonomy allows the generation of laws and policies on intellectual property that become an instrument for development.