A inovação tecnológica e seu reflexo sobre os direitos fundamentais: a proporcionalidade entre a propriedade industrial e as novas necessidades humanas

Abstract

This paper proposes to analyze the proposed solutions to conflicts involving industrial property and fundamental human needs. It happens that the technological evolution does not only modify the habitat, but ends up changing mainly the human being, giving to this capacities and requirement of resources beyond the naturally acquired ones. This phenomenon insists on an extension of fundamental rights, since it intensifies the needs of individuals to be able to integrate in a satisfactory way in any modern society, since no person without access to telematic resources could, for example, satisfy some of their fundamental rights , such as access to education, freedom of expression, among others. On the other hand, the great majority of technological advances arise through research financed by companies which holds the patent of these advances establishing the rules and possibilities for them to be used, and this industrial property is also a fundamental right, the circumstance ends up fomenting conflicts, such as: Right to health versus drug patents; data processing versus acquisition of computer equipment; expansion of agricultural production versus production technologies etc. The analysis of the proposed solutions with the identification of the legal, formal and phatic presuppositions constitute the content of this academic research that, by method of bibliographical and documentary research, intends to catalog and develop references on the subject, finally the study intends to measure to the maximum possible according to the analyzed content the legal value attributed to each of the fundamental principles in the cases observed here.