On December 01, 2015, the Brazilian Industrial Property Office (“INPI”) published Resolution No. 156/2015 (the “Resolution”) in Industrial Property Gazette (“RPI”) No. 2343, which provides for technical assistance services exempted from registration by the Department of Contracts, Geographical Indications and Records (“DICIG”).

The resolution, which entered into force on the date of its publication, revoked Resolution 53/2013 and added three new items to the list of Scientific and Technical Assistance Services that are not subject to registration of the INPI for not involving transfer of technology. The new items correspond to the following excluded services:

“III. Preventive maintenance of services in equipment and / or machinery of any kind;
IV. Repair, fixing, adjustment, calibration, revision, inspection, reform and recovery services on equipment and / or machinery of any kind;
V. Supervision of assembly and dismantling, installation and start of operation services provided on equipment and / or machines. “

The purpose of this resolution is to remove from DICIG’s responsibilities that do not involve technology transfer.

The resolution is consistent with the modernization of the Contracts services, which began in July 7, 2015 with the launching of the Electronic Petitioning System in Contracts (“e-Contracts”). Through e-Contracts, users of the DICIG services may order services and file petitions concerning the recordal of agreements of industrial property licensing, technology transfer, franchise and invoices directly through the Internet, in paperless procedures.

On November 3, 2015, a web service was implemented to enable the search through the DICIG’s services. With the new tool, users can monitor petitions filed as early as 2009 directly over the Internet and also view DICIG’s official notices published weekly in the RPI. Previously, said follow-up was only possible by phone or through the official publication in the RPI.

Source: Bhering Advogados

 

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