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5 – Editor note’s

By Márcio Merkl and Marcelo Mazzola

6 – President Message’s

By Luiz Edgard Montaury Pimenta

8 – Industrial property in historical perspective: the institutional revolution and the 50th anniversary of the INPI

By Leandro M. Malavota

This This paper proposes a reflection on the making of the Brazilian industrial property system, as well as its development, taking as a reference its institutional dimension. Amid the

celebrations of the fiftieth anniversary of the National Institute of Industrial Property (INPI), we conduct a study on the governance structure built in Brazil from the colonial period to the

present day, shedding light on its functions, characteristics and limitations, as well as the main challenges faced by Brazilian industrial property offices in fulfilling their duties. Diachronic

analysis allowed us to see a long-standing mismatch between the demand and supply of industrial property services, largely caused by the insufficiency of government investments,

especially with regard to the workforce. It was also possible to see how, since the creation of the INPI, the strategies and solutions applied in addressing institutional bottlenecks and

dysfunctions have been different, almost always with results below expectations. As its sixth decade breaks out, the agency still faces old problems, but it also sees significant advances.

The 50th anniversary celebrations invite us to reflect on the past and evaluate the present, applying this knowledge to the debate about the INPI of the future.

Keywords: Industrial Property. Institutional History. Economic History. History of Law. INPI

34 – Patents as property: the problem of interpretation

By Fernando de Andrade Mota

The paper discuss patents as a property system; the need for proper definition of their limits, and whether Brazil follows the tendency, existing in the United States, to privilege, whenever

possible, the validity of patents even if ambiguous.

Keywords: Patente. Property. Interpretation. Ambiguity. PTO

47 – National Intellectual Property Strategy – What it is, What Purpose it serves, How it is Implemented

By  Nuno Pires de Carvalho

Since a number of years a number of WIPO Member States, influenced by debates in the Agenda for Development, have elaborated and implemented Intellectual Property National

Strategies (IPNSs). Based on some examples, this article discusses the real nature and the usefulness of IPNSs and makes a few recommendations so that they may produce significant


Keywords: Intellectual Property. Function. Strategy. Development. Economic freedom.