Papers in English A note on the new Brazilian Semiconductor Chip Protection Act (2007) How WTO´s adjucatory bodies could read TRIPs on a balanced way (2006) Analysis of the case law of WTO to ascertain the possibility of applying the dworkian-alexyan vectorial jursiprudence (Theory of principles) to achieve a balanced perspective of TRIPs controversies. TRIPs Art. 7 and 8, FTAs and Trademarks This Paper submitted was to the Workshop on IP, FTAs, and Sustainable Development held at the American University Washington College of Law on 27 - 28 February 2006 The range and effects of art. 7 and 8 of Trips are not clear to this moment. According to the Appellate Body of WTO, in the Canada Generics case, those Articles still await appropriate interpretation. This author's contention is that the ensemble of such provisions may be held to function on a quasi-constitutional manner towards the TRIPs text. From art. 7, it can be destiled a objective standard of balancing of interests, somewhat akin to the positive value of balancing by itself, that could be discerned through the reasoning of the US Supreme Court in Bonito Boats,Inc. V. Thunder Craft Boats, Inc., 489 U.S. 141 (1989),whereby the balanced body of Federal IP law would restrain disturbing state action. From art. 8, it can be read a list of public interest values (health and development, inter alia), which would overweight competing interests in the interpretation and limitations posed to national laws or international agreements within the purview of TRIPs. This is also a balancing rule. From the aggregate art. 7 and 8 it also can be seen a non discrimination standard, in harmony with the prior GATT case law that interpreted art. XX (b) of GATT 1947 as applicable to IPRs. The elaboration of such understanding as an equal protection-like quasi-constitutional device is a matter for further study. Those standards should be applied to the sum of post-TRIPs FTA provisions dealing with IPR matters. This reading could weight the legitimacy of negotiation, if divertive from the balanced approach that TRIPs can be a model; the eventual contestability of over-the-balance FTAs provisions as compared to TRIPs model; and the eventual bias that unbalanced FTAs may cause towards future multilateral negotiations. A second set of issues is the effects that unbalanced FTAs may have in the internal law of the major negotiating agents (USA and EU), especially through the MFN clauses of the WTO ambiance; and the intrinsic inequality of the agreements where the major party has in fact lesser Intellectual Property obligations than the other party. Counting ten for TRIPs: Author rights and access to information – a cockroach’s view of encroachment (Intervenção no Seminário "Dez Anos de TRIPs", da Associação Internacional de Direito Econômico, em Buenos Aires, 2/11/2005) Intellectual Property probably caused the Information Society, and is not coping with it. The plethora of legal means invented to prevent copy in such Society is only comparable to the profusion of technical means to make for the insuficiency of legal means, and the ingenuity of legal means to assure that the technical means would work as intended. In the last years, copyright appeared to be a frenzied dog chasing its own tail. In this context, the ideas of open access to the wealth of information, as expressed in the proposed A2K treaty, is not a marginal or negligible aspect of Intellectual Property Law. It is an official aspect of Brazilian IP policy at this moment. It is a clear sign that we need a increased supply of Intellectual Property rights. Only that now, they must be inclusive rights. Copyright and software - a marriage of inconvenience (1987) Developing new technologies - options for Latin America (1986) Letter from the Gamma World (1991) Technology Transfer is a dead god (2000) A note on the protection of trademarks and Trade names (1993) A note on the Term of Brazilian Patents under TRIPs (1997) The New Brazilian Patent Law (1997) Software, Marjoram & Rosemary - A Brazilian Experience (1989) (Logico, la Mejorana y el Romero: Una Experiencia Brasileña. Anales del Forum Regional de Montevideo. Organizacíon Mundial de la Propriedad Intelectual. Genebra 1990) Taxation of Internet Providers in Brazil (1999) The Taxation of Technology Contracts in Brazil 1958-1994 (1994) Incentives and Trade (1983) New Brazilian Software Proposal (1985) (Business Law Revies, Londres, 1985) S chool Material Reproductions in the Brazilian Legal System , (em co-autoria com Ana Beatriz Nunes Barbosa)(2003) Doing Business in Brazil.(1981) Business Law Review, Londres, nov.1981 The World Competition Agency as a necessary International Institution,(publicada em http://ssrn.com) Copyright and software - a marriage of inconvenience (1987) ( publicado nas edições em inglês e em francês do The Copyright Magazine da World Intellectual Property Organization, Genebra, junho de 1988). Software and Copyright: A Marriage of Inconvenience, Republicado em 1989 na Revista Tailandesa de Direitos Intelectuais, do Ministério da Justiça da Tailândia, no idioma do país)

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