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News - 17 July 2012

E-specialists are proposing changes on rules and to limit the Intellectual Property Institute’s (INPI) interference on licensing agreements that could be jeopardizing international deals

Lawyers in Brazil are working on bills and resolutions suggestions to improve regulation concerning Transfer of Technology (TOT). One important modification on rules would be to limit some of the Intellectual Property Institute’s (Instituto Nacional da Propriedade Intelectual - INPI) interference on the registration of licensing agreements.

According to lawyer Carlos Eduardo Elizário, from Dannemann Siemsen law firm, INPI should only participate on verifying issues, not in matters concerning competitive nature and patent ownership, industrial design or licensed mark. In other words, the government’s institute should not intervene in the object of the negotiations between parts.

“In the present time, there is interference on prices, payment terms, limitation of use, jurisdiction and contractual prompt, for instance. Companies are losing great deal opportunities, missing contracts, in consequence of these outdated rules that disagree with the world’s scenario”, point’s Mr. Carlos Eduardo Elizário.

“Almost in the whole world, companies can license Know-how for a limited time. In Brazil instead you have to almost settle for sale contract. That’s a great problem when you are dealing Technology Transfer with companies from other countries, because they don’t like to lose governance over their technologies”, explains Mr. Elizário.