Direito das startups: o desafio do resguardo de uma inovação por meio da propriedade intelectual

Abstract

This work focuses on the study of startups and the challenge of properly safeguarding their intellectual property, which constitutes the main asset of these companies, which have an innovation as their greatest differential. For this purpose, the characteristics of the information society will be briefly presented as a way of providing guidance to the context in which startups are inserted, and then addressing the main fundamentals and differentials of this business modality. Then, an initial consideration will be made regarding the concept of innovation, its importance for the development of man and society, in addition to the presence of the State in encouraging technological progress, creating an appropriate environment for research and development. Once this is finished, an analysis of intellectual property, the evolution of its scope, international treaty resolutions and its application in Brazilian law will be presented, so that the importance of this right in safeguarding the intangible assets of startups can be addressed. Finally, the main intellectual property protection systems applicable to startups will be analyzed, their functionalities and how much the use of these systems is adopted by entrepreneurs ahead of startups. The study shows that the protection of the intellectual assets of these companies is essential in their initial moments, however, few entrepreneurs really pay attention to this safeguard, which can bring irreparable damage if the asset is plagiarized by a competing company. Also, the choice of protection scheme and the asset to be protected requires a cautious study because it constitutes the most important economic value for the company.