Positive news for Technology Contracts in Brazil

20 January 2023

Before ending its activities and saying goodbye, the Board of Directors of the INPI left, at the end of 2022, decisions on Technology Contracts that had long been discussed by specialists in the area of intellectual property, with positive perspectives for innovation in the country.

20 January 2023

Before the end of the year 2022, on December 28, the governing body, together with the presidency of the INPI, deliberated on issues related to Technology Contracts, adopting decisions that expanded the opportunities for commercialization of industrial and intellectual property rights, leveraging the innovation process in Brazil.

A series of points with legal aspects and technical understandings that would deserve revision by the INPI for the improvement of services related to the registration/annotation of technology contracts was the subject of discussion.

According to the Minutes of the Meeting made public, the deliberations and decisions of the Board of INPI therefore cover:

1. Removal of the mandatory notarization and apostille/legalization of foreign signatures and acceptance of digital signatures without ICP-Brasil certificate, also waiving the need for e-notarization and e-apostille: it was decided that, in situations involving the use of digital signature, consular apostille/legalization will no longer be required. In other cases, the need for consular apostille/legalization remains.

2. Removal of mandatory initials on all pages: changes to electronic forms must be implemented immediately, and mandatory initials must also be abolished immediately.

3. Removal of the mandatory insertion of two witnesses when the contract provides for a Brazilian city as the place of signature: the understanding of the INPI Board is that the Brazilian legal system does not impose the obligation of signature by two witnesses in private contracts, being applicable only to extrajudicial enforceable titles. The measure will be implemented immediately.

4. Removal of the need to present the bylaws, articles of association or articles of incorporation of the legal entity and the last amendment to the consolidated corporate purpose and legal representation of the legal entity of the assignee, franchisee or licensee, domiciled or resident in Brazil: the removal of this need will be implemented immediately.

5. Application for Unequivocal Acceptance of the licensing of non-patented technology – also known as know-how licensing: with the adoption of this type of licensing by the INPI, the opportunities for commercialization of industrial and intellectual property rights are expanded and leveraged the innovation process in the country.

6. Impossibility of payment of royalties for patent, industrial designs and trademark applications: the Board decided that royalty payments in contracts whose object is patent, industrial designs and trademark applications are established by interparty agreements and will not be hindered by the INPI.

According to the informed body itself, the current position of the Board of Directors of the INPI is another step within this evolutionary scale. Current practices must meet the requirements of economic, scientific and technological development and promote innovation in the country, as well as preserve the contractual autonomy of the parties and their perception of risk in their private businesses, serving the public interest and the national legal system.

5/5 - (2 votes)

Rafaela Mattos



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