Uma prosposta interpretativa dos direitos fundamentais do inventor no contexto do relacionamento institucional e jurídico entre universidade e empresa

Abstract

This paper intends to analyse the colliding interests within the university-firm relationship,in order to understand the technology cooperation contract as an institute through whichit would possible to tackle the lack of interest towards the inventor's fundamental rights to be recognized as so and to obtain royalties from his/her invent. It seeks to comprehend the fundamentals of the inventor's right, using Taylor's moral theory and Dworkin's conception of Law as Integrity as theoretical framework. This interdisciplinary approach is an effective means of revisiting the idea of Law itself, which makes it possible to reconfigure the university and the firm as institutions limited by legal and constitutional rights, as well as to take the rights of individuals seriously in the context of a technology cooperation contract. As a result, the innovation process and the technology transfer ought not to be treated as exclusive issues of policy and the inventor's right must be understood as a matter of principle.