Intellectual Property in Education: Challenges and Perspectives in the Brazilian Context

Abstract

This article analyzes the complex intersections between the intellectual property regime and the field of education in Brazil. Based on a qualitative bibliographic and documentary research approach, the study explores the foundations of copyright and industrial property and examines their application and practical challenges in educational settings, from basic education to higher education. The research addresses the Brazilian legal framework, with particular attention to the Copyright Law (Law No. 9,610/1998) and its qualitative limitations for teaching and research purposes, as well as the role of the Innovation Law (Law No. 10,973/2004) in managing intellectual property generated at universities. It discusses central issues such as the use of third-party materials in virtual learning environments, the production of teaching content, the role of Technology Innovation Centers supported by patent filing statistics, ownership of academic creations, and the fight against plagiarism in the digital age. The study concludes that, despite regulatory advances, there remains a deficit in intellectual property literacy within the academic community, generating legal uncertainty and challenges for pedagogical innovation. It points to the need for institutional policies and continuing education that foster a culture of respect for creators’ rights while balancing the guarantee of access to knowledge that is essential to the educational mission.