A gestão da propriedade intelectual de produtos estratégicos de defesa sigilosos: uma proposta para a Marinha do Brasil

Abstract

The issue of intellectual property must be observed not only from the point of view of mere registration in the competent organization. It stimulates research and development and, therefore, innovation, by granting credit, legal protection and reward to researchers and the research institution. Intellectual property also generates competitive advantage for innovative companies, since it guarantees the exclusivity of commercial exploitation of innovation for the duration of the protection. In the Brazilian Armed Forces, intellectual property is also a relevant issue. Seeking more and more independence from its defense products, they invest in research and development of national defense products, especially the strategic ones, endowed with critical technology, normally denied. But the Strategic Defense Products generated from these researches are generally confidential and patenting them implies disclosing detailed information about it. In such cases, it is an important problem to know whether or not the innovation can be patented due to its secrecy, and, if it cannot, what to do and how to do to protect intellectual property and to keep the incentive to the researcher / institution, without giving public access to what was developed. In order to present the variables involved in this problem and analyze it, the present Thesis verifies the existence in the country of an environment capable of stimulating the research and development of strategic defense products and, in order to understand how intellectual property is standardized in the country and in the Brazilian Navy, it analyzes the documents that guide this issue in national legislation, in the Ministry of Defense’s documents and in the Brazilian Navy’s one. It is observed that the BN’s norm about the subject presents, in detail, the entire procedure for patenting an innovation, but it does not deal with the case in which it is desired to keep the secrecy, by keeping it as a trade secret. This issue is analyzed in this Thesis, which also identified the complexity involved in selecting the best way to protect innovation, given the different trade-offs existing in each of the alternatives. To support this selection, the possibility of using a multicriteria decision method is presented, since problems like this are well solved using mathematical modeling. The suggested method is the Analytic Hierarchy Process (AHP).