THE USE OF ANIMALS IN THE TESTING OF NEW TECHNOLOGIES IN THE LIGHT OF THE SOCIAL FUNCTION OF INDUSTRIAL PROPERTY

Abstract

The present work sought to analyze, in the light of the social function of industrial property, the protection of new technologies that used animal testing during their development. To answer this research problem, the base theory and the systemic-complex approach method were used. Still, the method of procedure used in the elaboration of the research was the bibliographic one. In turn, the research technique of drawing up records was used. In the first chapter, in the light of theoretical reflections, the theme of the use of animals in experiments to test new technologies and new products was addressed, pointing out alternative methods that seek to overcome this practice. In the second chapter, it was analyzed how the social function of property can be presented as a guide for the protection of such technologies and products, including the possibility of protecting the rights of inventors who did not use animal testing in their technologies and products under the theme of green patents. It was concluded that, in light of the social function of industrial property, a technology or product could only be protected if it was not tested on animals during its development phase, however, in the current scenario, the green patent institute emerges as a way to encourage the reduction of such practices.