PATENTES E BIOPIRATARIA; COMENTÁRIOS À LEGISLAÇÃO, COM DESTAQUES À BIOTECNOLOGIA

Patent deposits are commonaround the world, but 80% of the world's patent deposits are concentrated in the hands of the US and four other countries. In addition, countries such as the US have an expanding biotechnology industry, with 2.772 companies in 2015. The promotion of this branch, directly linked to the flexibility of patent legislation, especially the oneof living beings, makes several countries the recipient of patent deposits of these beings and specimens that are found in Brazilian fauna and flora, which, through biopiracy, are smuggled. Biopiracy, which is not a crime in our legislation, along with the obstacles of patent law, makes the scenario favorableto the piracy of genetic resources, as well as associatedliving beings, which aredeposited aspatents in other countries. Despitethe advancement of Biosafety and Biodiversity laws, it is still urgent to open discussions on changes or adjustments in patent legislation and criminal law, so that Brazil can combat biopiracy and rise in the biotechnology market using its own natural resources.