Stop the Press: Decree encouraging innovation and scientific research is out

Stop the Press: Decree encouraging innovation and scientific research is out

Patricia Covarrubia   February 09, 2018   No comments:

Brazil. Yesterday (08/02/2018) the Official Gazette published Decree No. 9,283, of February 7, 2018, which establishes measures to encourage innovation, scientific and technological (ICT) research in the productive environment. This Decree regulates the Law of Innovation (no. 10,973).

In regards to intellectual property it establishes that the parties shall, in a specific legal instrument, set up the following:

• ownership of IP;
• participation in the results of the commercial exploitation of the creations resulting from the partnership;
• status of commissioned works;
• assignment of IP rights, licensing and technology transfer (TT);
• if there are human resources training, IP rights should also be established.

In the case of public ICT Institutions, they should report annually to the Ministry of Science, Technology, Innovation and Communications on their IP policy – including works developed and the protection required, granted, licensed or if there has been TT licences agreement, among others.

Source INPI.

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Economic growth of a country: technology transfer

Economic growth of a country: technology transfer

Patricia Covarrubia   October 27, 2016   No comments:

From Stephany Soto, Clarke Modet & Co we hear of a Plan for Technology Transfer (TT)in Peru. The plan is taken effect from 2016 to 2021 and the aim is to promote technological development in the country. This plan is to contribute to the existing one called ‘National Plan for Science, Technology and Innovation for Competitiveness and Human Development (PNCTI 2006-2021)’.

Webinar available at Latin America IPR SME Helpdesk

Technology progress is linked to the economic growth and high income in countries and this plan involves both the private and economic sector. Universities will play a crucial role since they encompass ‘Research’. Research usually leads to development of new products and processes which are followed by commercialisation - providing economic returns. Miss Soto says “The plan was created with the aim of promoting the development and transfer of technological innovations in companies raising the competitiveness and productivity, added value with criterion of economic and environmental sustainability”.

In this line, the State intention is to organise “technology meetings, technology fairs and other events to create networking among entrepreneurs and researchers in order to make easier the interaction and promote collaborative projects.” This will hand in hand with imparting training in intellectual property (IP).

Why IP should matter for TT?
Technology is valuable, provoking copies or imitations. If technology is copied and/or imitated it reduces the possible profits of the inventor: and who would like to invent without rewards where time and money have been spent and you will not have recognition?

What IP does it’s to encourage innovation by (the government) granting successful inventors a temporal monopoly over the invention.

In Peru if companies have a TT agreement/contract, such license must be in writing and registered before the INDECOPI to be enforceable before 3rd parties. And it is good to know that Peru is member of the PCT.

In closing I would like to see more policies in TT and of course giving incentive to this matter. For example in Costa Rica there is a Law (No. 20.241) on R&D which provides incentives: 35 % tax credit on the amount invested in R&D, when duly certified by the National Production Development Corporation; remaining 65 % can be considered as ‘expenses’.

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Brazil: IPRs applications and a word in TT contracts

Brazil: IPRs applications and a word in TT contracts

Patricia Covarrubia   March 18, 2016   No comments:

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.

A 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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