Intellectual Property and Innovation: A Constitutional Policy Look

Abstract

This research tries to observe Intellectual Property as a vector of Innovation, under the Political-Constitutional point of view, that is, as a project, whose aspirations integrate the spectrum of constitutionally protected values; and as a action, given the necessary effectiveness of these postulates in the context of complex society, whose relations of its agents are mediated by Information and Communication Technologies (ICTs). Developed from a systemic-dialogical approach, more precisely from the perspective of complexity addressed by Edgar Morin, the research presents theoretical elements that seek to contribute to the observation of Intellectual Property as a strategic vector of an Innovation-oriented Constitutional Policy. Structured in three parts, the first part the article deals with the semantic diversity that marks the concept of Innovation. In the second part, the categories Creation and Authorship are evidenced from a theoretical review that informs their historical and legal assumptions, especially in relation to the comparison between the legitimacy of individual autonomy and collective production. In the third part, the concepts of Property and Intellectual Property are explored beyond individualistic exclusivity and doctrinal segmentation, usually linked to these categories. With special attention to the role of Universities, the conclusion points to the recognition of Intellectual Property as a strategic vector for the realization of a Constitutional Policy focused on Innovation, based on the action of these institutions.