- The Oxford Handbook of Intellectual Property Law
- List of Contributors
- Intellectual Property Law: An Anatomical Overview
- The Basic Structure of Intellectual Property Law
- What Kind of Rights Are Intellectual Property Rights?
- Intellectual Property as a Public Interest Mechanism
- Intellectual Property and Human Rights: Mapping an Evolving and Contested Relationship
- Intellectual Property Incentives: Economics and Policy Implications
- The Emergence and Development of Intellectual Property Law in Western Europe
- The Emergence and Development of the International Intellectual Property System
- The Emergence and Development of United States Intellectual Property Law
- The Emergence and Development of Intellectual Property Law in Canada
- The Emergence and Development of Intellectual Property Law in Australia and New Zealand
- The Emergence and Development of Intellectual Property Law in Central and Eastern Europe
- Intellectual Property in Asia: ASEAN, East Asia, and India
- The Emergence and Development of Intellectual Property Law in the Middle East
- Three Centuries and Counting: The Emergence and Development of Intellectual Property Law in Africa
- The Emergence and Development of Intellectual Property Law in South America
- Patents and Related Rights: A Global Kaleidoscope
- Trade Marks and Allied Rights
- Design Protection
- Rights in Data and Information
- Overlapping Rights
- Intellectual Property Licensing
- Cross-Border Intellectual Property Enforcement
- Users, Patents, and Innovation Policy
- Traditional Knowledge, Indigenous Peoples, and Local Communities
- Intellectual Property, Development, and Access to Knowledge
- Workers in the “Groves of Academe”: The Claim of Academics to Copyright and Patents
- Intellectual Property Meets the Internet
- Intellectual Property and Competition Law
- Intellectual Property and Private Ordering
- Intellectual Property and Public Health
- Intellectual Property and Climate Change
Abstract and Keywords
This chapter analyses the emergence and development of intellectual property (IP) systems in South America as they have evolved since the early Pan-American treaties and the Paris and Berne Conventions, and how they have been influenced by national constitutions, domestic laws, and—most recently—international trade agreements. It highlights the coexistence of distinct landscapes for several decades before the TRIPs Agreement entered into force and brought minimum standards of harmonization. Before that, IP regimes in South America matured according to each country’s own conception of IP, resulting in different national statutes and constitutional provisions and producing a unique regional IP legal and policy landscape. From a regional perspective, South America has made efforts to create local systems of IP protection, but with limited success. The result is a fragmented system that still needs to relate to multilateral and bilateral rules, creating a challenging regulatory environment.
Keywords: Intellectual property, South America, Pan-American conventions, TRIPs Agreement, flexibilities, comparative law, innovation systems, bilateralism, regionalism, industrial and technological developments
Fabrício Bertini Pasquot Polido is Founder and Scientific Advisor of the Institute for Research on Internet & Society and a Tenured Professor of Private International Law, International Intellectual Property Law, Internet Law and Comparative Law at the Fe
Mônica Steffen Guise Rosina is Law Professor at Fundação Getulio Vargas in São Paulo.
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