Streamlined Guidelines for Technology Transfer and Licensing Agreements in Brazil
The Brazilian Patent and Trademark Office (INPI) recently issued Ordinances n° 26/2023 and 27/2023, introducing significant changes to the recording of technology transfer and licensing agreements in Brazil. These updates enhance legal aspects, simplify bureaucratic requirements, and align INPI practices with international standards.
Key Changes:
Know-How Licensing: The INPI now recognizes that know-how agreements can involve either permanent acquisition or temporary licensing of non-patented technology. This allows for greater flexibility and promotes innovation exchange between foreign and domestic companies.
Royalties for Trademark Applications: The INPI revised its stance on royalty payments for pending trademark applications. Trademark applicants can now enter into license agreements with provisions for royalties, acknowledging the legal nature of these applications and their potential integration into the owners’ assets.
Simplified Procedures:
Reduced Bureaucracy: The INPI eliminated various bureaucratic requirements, including the need to fill registration forms with financial and administrative data, submit corporate documents, include mandatory initials on all pages, and obtain signatures from two witnesses.
Franchise Law Alignment: Citations regarding franchises now align with the new franchising law (n° 13.966/2019).
These changes aim to streamline the recordal process, reducing demands and bureaucracy associated with technology transfer and licensing agreements in Brazil, and promoting efficiency and expediency.
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