A problematização do sistema internacional de proteção à propriedade intelectual frente às novas tecnologias de transferência de informação

Abstract

The intellectual property protection international normative framework, specially concerning TRIPS agreements, establishes ways to apply recognized rules by delegating to States the responsibility for enforcement and monitoring. In order to do so, it is fundamental to create a standard between different national legislations. However, in practice, the domestic juridical system heterogeneity on this topic leads to a multijurisdictional guardianship of it, thus hindering the international norms range. With the creation of new information transfer technologies, like internet, this mechanism shows itself even more fragile. In front of this scenario, new hypotheses are brought about about trying to regulate and reorganize the cyberspace exchange dynamics, suggesting a shift over some of the already exceeded traditional paradigms.