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Brazil: refining procedures


On July 11, INPI Resolution 199/2017 brought to the public a new examination guidelines for the registration of industrial property license agreements and registration of integrated circuit topography, technology transfer (TT) and franchising.

The new guidelines are in line with the amendments implemented through Instrução Normativa No. 70/2017 (effective since July 1st). According to the guidelines the process of registration is simplified, and also, it warranties the legal autonomy to the parties' will.

Chapter I covers ‘agreements signed or registered by INPI’. Some of the eye catching are three since they were not regulated before:

INPI will register: a) ‘Know-how’ contracts which includes the acquisition of knowledge and techniques not covered by IPRs or the provision of technological information for the production of goods and services [before this new Norm INPI neither annotated agreements nor issued certificate of registration for the license of non-patented proprietary technological knowledge]; and b) The contract or invoice for the provision of technical and scientific services that stipulates the conditions for obtaining techniques, planning and programming methods, research, studies and projects for the execution or provision of specialized services.
Technology export contracts are exempted from registration.

Chapter II covers ‘the application for registration or registration of contract’. Chapter III covers ‘the parties to the contract’. Of relevance is: ‘The contract must identify the parties to the contract and their legal representatives, name or denomination and the complete addresses, including, city, federation and the country’. In relation to parties domiciled abroad, they ‘must constitute and maintain a duly qualified attorney domiciled in the country, with powers to represent it administratively and judicially, including to receive summonses.' Note that contracts (license/assignment) regulated by this chapter will be granted by way of title and to be submitted to INPI. Chapter IV, V and IV cover 'the  terms', the certificate' (specifications that the certificate should contain), and finally the 'general and transitional provisions' respectively.

Source INPI.

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