The tension between intellectual property and traditional knowledge:

Brazil and the WIPO Treaty

Abstract

This article examines the relationship between the patent system and traditional knowledge through an analysis of the Brazilian legal framework in light of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. It is based on the premise that traditional knowledge does not fully align with the individualistic logic underlying patent protection. The study explores the development of legal instruments designed to protect such knowledge, with particular emphasis on the WIPO Treaty, which introduces transparency mechanisms into the patent system, including the disclosure of the origin of genetic resources and associated traditional knowledge. It also analyzes Law No. 13,123/2015, which regulates access to genetic heritage and benefit-sharing in Brazil. The research adopts a qualitative approach based on literature review, normative analysis, and the examination of a paradigmatic case study. It concludes that the Brazilian legal framework provides important mechanisms for the protection of traditional knowledge; however, limitations remain in the articulation between the biodiversity access regime and the patent system, requiring normative and institutional improvements to ensure a more effective implementation of the guidelines established by the WIPO Treaty.