Propiedad industrial e intelectual y desarrollo tecnológico

Ross Kaufman 32 VI.- The Newest Industrial Policy What is the practical significance of, whal lessons can be derived from~ this system erected initially on an import substilution model? In the case of software, a market reserve? It woutd not be fair lo say the system was a failure, because that would require a hypotbetical comparison: compared to what? But what is quite clear, even if the data are partIy intuitive and impressionistic, is that the model began at some point to deviate from its essential purpose and, equally, that it outlived its usefulness by something like ten yeaes. These factoes were recognizedunequ'ivocally by the Collor govem– ment, not merely in vague pronouncements and generalizations, but in the express articulation of its industrial policy. Portaria NOJ65 ofJune 26,1990 of theMinistryofEconomy, Treasury and Planning adopted what are called the "General Guidelines for Industrial and Foreign Trade Policy", oc– casionallycalled tongue-in-check !ttheNewest Industrial Policy" todifferen– tiate it from its predecessoes, invariably also caBed "New Industrial Policy". This document constitutes, among other things contained in its ten pages, an explicit rejection of the long-prevailing system of intellectual property protection and licensing in Brazil. In its expression ofstrategies it , r:ecit~ that "the Industrial Policy to be implemented requires forros of governmental behavior and regulation of economie aetivity substantially different from those in eifeet throughout the import substitution process". Insofar as support Cor technological eapacitation of industry is concerned, Section 6.4 recites that one of the pre-requisites ror industrial capacity is a governmental support infrastructure that ineludes "the making adequate of the policy of eontracting and transferring technology, with a view to simplifying the operational procedures and the revision of the quantitative limits to payrnents". ' A last eIement of trus important document is Section 9, "Legislation". This contemplates expressly replaceníent of: (a)'Law 7.232/84 regarding natíonal informatics policy, (b) Law 7.646/87, the Law ofSoftware, (e) the Industrial Property Cede (Law 5.772(71) is aIso to be revised "taking into account the change of orientation speeified in the Guidelines" by March 20, 1991. Among the elements singled out for change is the extension of patent protection to pharmaceutieal processes and products. In accordance wilh the General Guidelines, a special commission named by the government adopted specific recommendations with respect