Uma abordagem teórica sobre a harmonização do direito internacional da propriedade intelectual

Abstract

This article aims to analyze the international law codification process, particularly with regard to intellectual property, held by international treaties that seek to reconcile the necessary steps to achieve greater protection and reduce asymmetries. It attempted to also establish a theoretical definition for the definition, scope and effects of the degree of harmonization in order to differentiate it from other instruments that tend to create regulatory convergence if the supranationalisation adopted within the European Union. The different modes of coordination between States should be further analyzed from the perspective of results that should be fixed so that there is effectiveness of the rules to be adopted. Moreover, the context of the terminology used to define the harmonization and their different degrees, from the influence of a regulatory norms aimed at the balance of national and international interests and its effects on intellectual property will serve as a foundation for later debruçar- if on the specific aspects that demonstrate how harmonization has been used in the context of intellectual property. Regarding the theoretical and methodological aspect, it is planned to follow a critical-methodological approach resulting from a critical theory of reality, using an inductive approach.