To stimulate the competition among economic agents, the Economic Affairs Committee (CAE) approved on Tuesday (08/25/2015) a project establishing a new value calculation formula called annuity fee, the cost of the companies with the maintenance of patents. The proposal (PLS 689/2011) also revokes a provision of Law 9,279/1996, which regulates rights and obligations relating to industrial property, to eliminate what the author, former senator Vital do Rego, considers excess within patent protection .
This project provides that the value will be progressive during the term of the patent. validity Its calculation will be made by multiplying the value predicted for the third year from the filing date by the number of years elapsed. Similar system was adopted by Germany that reduced to eight years the average lifetime of a patent.
Today the patent protection period in Brazil is 20 years after the date of filing. Charging a higher cost for the maintenance of the patent, from the third year, will stimulate the competition between economic agents, in the author’s evaluation the then senator. The progressive increase in the case, would act as a disincentive to the practice of keeping the record for 20 years just to avoid that knowledge fall into the public domain and may be used by other businesses and consumers.
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The project will also provides for the integration of the National Institute of Industrial Property (INPI) to the management committee of the National Network for Simplification of Registry and Legalization of Companies and Businesses (Redesim). The aim is to ensure greater efficiency in record grants for the benefit of those who require assistance in this municipality.
The project, already approved by the Committee on Constitution, Justice and Citizenship (CCJ), received a favorable vote of the rapporteur in CAE, Senator Walter Pinheiro (PT-BA). Will be examined, then the Commission of Science, Technology, Innovation, Communication and Informatics (CCT) in terminative decision.
Source: Agência Senado