O Tratado de Marraqueche e a Exceção aos VIP's: Harmonizando Direitos Humanos e Propriedade Intelectual para uma Humanização dos Direitos Autorais

Abstract

The Marrakesh Treaty to Facilitate Access to Public Works for Blind People, Visual Impairments, or Other Difficulties in Accessing the Printed Text was adopted by the Member States of the World Intellectual Property Organization (WIPO) in Marrakesh in 2013, within the framework of this International Organization, culminating a historic moment of harmonization between Intellectual Property Law and Human Rights, as it is the first copyright treaty based on a humanitarian perspective. The objective of this article is to present the central aspects of the Marrakesh Treaty by addressing all the limitations and exceptions to the so-called VIPs – Visually Impaired People, accessible works and their respective formats, with a contribution towards a significant analysis of the unprecedented use of tools of the through a new framework of the international human rights standard for development that can change lives and enshrine a universal right to read. An historical evolution of the Intellectual Property and Human Rights regimes will be traced, thereby helping to understand the international legal vacuum regarding this accessibility, demonstrating the importance of the Treaty in these two regimes. Next, it is intended to analyze the first steps of this implementation of the Treaty in the international scope and the governments of the countries through the incorporation of this in their national legal systems, emphasizing, in investigating the impact of the Treaty in the Brazilian Legal System.