From the Right to Use to The Right to Do: Monsanto Case Study and the Conflict Between Use and Abuse in Patent Rights

Abstract

This study aims to present a reflection on the interface between the use and abuse of the right to patent. Bibliographic method will be developed to achieve the proposed objective focusing on the specific case involving the legal battle against the company Monsanto. Thus, a vast literature was analyzed on the subject trying to identify in this case what is the interface that balances the right to the patent. Intellectual property rights repeatedly occupy the pages of the major newspapers in the world, demonstrating the existing fight between the most diverse countries when it becomes the exclusive use of a particular invention. This is where the relevance of this research on the subject lays, once the intellectual property rights require academic reflections on the conflicts surrounding intellectual property.