Reconocimiento de Derechos de Propiedad Intelectual de la Naturaleza: un análisis jurídico dogmático desde la perspectiva biocéntrica

Abstract

The recognition of Intellectual Property rights for nature emerges as a contemporary challenge within the broader debate on the expansion of rights from a biocentric perspective. In Ecuador, this discussion is framed by a unique legal context shaped by the 2008 constitutional process, which, influenced by the Latin American progressive wave, recognized nature as a subject of rights. This milestone transformed the traditional view of nature, shifting it from a purely utilitarian perspective to one that grants it intrinsic legal value and status. In this context, the study examines the relationship between nature and Intellectual Property, highlighting the implications of granting copyright to nature within a legal framework traditionally centered on human creators. Through the case of "The Song of the Cedars", a musical composition created using sounds from the Los Cedros Forest, the study explores the potential of recognizing natural elements as co-authors of artistic creations, challenging conventional notions of authorship and ownership. Using a qualitative methodology that combines jurisprudential analysis, semi-structured interviews, and analytical theory of concepts, the study delves into the main theoretical and normative foundations of Intellectual Property rights and their potential extension to nature.