Brazil has recently started to accept licenses for the use of non-patented technology.
Until the first half of 2023, the National Institute of Intellectual Property – INPI, public body responsible for registering contracts involving intellectual property, did not allow the licensing of non-patented technology. Only the transfer of non-patented technology was possible, i.e. the company that owns the technology would permanently transfer the know-how to the interested company in return for payment of royalties.
With the main objective of adapting to the demands of the technology market, INPI has published new regulations regarding the registration of technology contracts: Ordinances No. 26 and 27 of 2023. They set forth the possibility of registering Know-how License Agreements (non-patented technology), by incorporating the rules discussed by INPI’s Board of Directors in the end of the last year.
The new regulations, as well as the position that INPI has adopted in recent years, will certainly have an impact on the development and research of new products and technology, boosting innovation and the economy. The initiative meets the demands of the technology market, including attracting foreign investment to the country by reducing the bureaucracy in the process of registering technology contracts.
PNST has a team specialized in this area and is available to assist you in any way necessary.
Patrícia Perinazzo C. Medeiros is a lawyer in the intellectual property and data protection area at PNST Advogados.
