Friday, 18 March 2016

Brazil: IPRs applications and a word in TT contracts

Some statistics are available from the Brazilian (INPI) indicating and releasing some numbers in regards to its services in February 2016.

The following applications are noted: 2,372 patent deposited; 11,626 trade marks; 498 industrial designs; 91 computer programs; and 81 applications for registration of contracts technology (technology transfer). INPI observes that patent applications were unchanged as compared to those in January. In the case of trade marks and computer programs applications there was an increase if compared with same time in 2015. There was however a decline in applications for industrial designs and TT contracts.

Image result for brazilA discussion on TT contract
In Brazil TT contracts (incl. technical services and technical assistance) and similar contracts must be registered with INPI to have effect on 3rd parties. But note that INPI neither annotates agreements nor issues certificate of registration for the license of non-patented proprietary technological knowledge.

Also note that INPI assessment and approval of TT and IP licensing agreement is mandatory for the purposes of a) authorizing remittance of royalties to foreign licensor, grantor of IPRs recognized in Brazil; b) trigger tax deductibility by the Brazilian party of amounts paid in connection with IP license, acquisition; and c) entitle the Brazilian party to enforce licensed, granted IP rights.

After INPI’s registration, agreements must be registered with the Central Bank of Brazil (Law No. 4,131/1962 regulates foreign capital in Brazil).

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