O sistema de patentes como um possível elemento de limitação bioética para o emprego de nanotecnologias

Abstract

In the scenario of Fourth Industrial Revolution, a big quantity of new technologies is now placed at the disposal of the human hand, which can do much more, including destroy itself. At the same time that there is a run to the development, innovation, creation and interferation in nature, there is a important moviment to brake, think, conscientize, and protect humanity – from itself. Specifically regarding nanometer-scale technologies, due its great scientific uncertainty, the objective of this study is to evaluate how the Industrial Property, through the patent system, can serve as an element of unveiling, and, this way, limitanting the use of this kind of new technology and ensuring greater security for the environment and humanity, especially future generations. An eminently bibliographic and documentary methodology was used, with a deductive and comparative approach method, in order to analyze the different arguments related to the research theme. Due the registral nature of the patent system, which presupposes the complete description of the object whose protection is intended, and due the economic incentive to submit to this administrative procedure, it is possible to conclude that Industrial Property, through the patent system, can contribute to bring greater transparency on nanotechnologies, and, this way, serve as a condition of possibility for a better management of the risks from the use of these materials, as a measure of safety for all those affected (workers, consumers and the environmental) through their life cycle (production chain), and, especially, for future generations, because the increase in advertising can reduce the degree of uncertainty scientific basis, aligning scientific action with a vision of responsibility projected for the future, which presume a precautionary action.