INPI and updates on the registration of technology contracts

The Joint Seminar , organized by the Licensing Executive Society – LES – Brasil and the International Chamber of Commerce – ICC – Brasil, took place on December 29, 2022, and was attended by the president of the National Institute of Intellectual Property (“INPI”) as a speaker-debater.
The debates led to the publication of the Minutes of the Meeting by the INPI on December 30, 2022.
The document released refers to the discussions held by the Licensing Executive Society – LES – Brazil, highlighting legal and technical understandings regarding the simplification and removal of procedural requirements for the registration of technology transfer agreements.
Among the main changes to simplify the procedure, the following stand out, ipsis litteris:

  • Acceptance of digital signatures without an ICP-Brasil certificate, also eliminating the need for e-notarization and e-apostille;
  • Unequivocal acceptance of the licensing of non-patented technology;
  • Removal of the obligation to initial every page;
  • Removal of the requirement to insert two witnesses when the contract provides for a Brazilian city as the place of signature;
  • Removal of the obligation to notarize and apostille/legalize foreign signatures.
  • Removal of the need to present the bylaws, articles of association or constitutive act of the legal entity and the last amendment on the consolidated corporate purpose and legal representation of the legal entity of the transferee, franchisee or licensee company, domiciled or resident in Brazil;

In addition, they decided to accept non-patented technology, i.e. know-how licensing, as well as deciding that contracts for the payment of royalties on patent applications, industrial designs and trademarks will not be hindered by the INPI, given that these are inter-party agreements and the remuneration effects must be examined and justified by the contracting parties before the competent entities of the Public Administration.
It can therefore be seen that these changes open the door to facilitating the procedure for registering and registering technology contracts, which is already highly bureaucratic.
The Intellectual Property team at PDK Advogados is available to help you with registrations with the INPI.
Get in touch with one of our professionals to get the legal support that can boost your business in the market!
To find out more, access the full Minutes of the Meeting: SEI_INPI0747049AtadeReunio.pdf (www.gov.br)

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