Stop the Press: Decree encouraging innovation and scientific research is out

Brazil. Yesterday (08/02/2018) the Official Gazette published Decree No. 9,283, of February 7, 2018, which establishes measures to encourage innovation, scientific and technological (ICT) research in the productive environment. This Decree regulates the Law of Innovation (no. 10,973).

In regards to intellectual property it establishes that the parties shall, in a specific legal instrument, set up the following:

• ownership of IP;
• participation in the results of the commercial exploitation of the creations resulting from the partnership;
• status of commissioned works;
• assignment of IP rights, licensing and technology transfer (TT);
• if there are human resources training, IP rights should also be established.

In the case of public ICT Institutions, they should report annually to the Ministry of Science, Technology, Innovation and Communications on their IP policy – including works developed and the protection required, granted, licensed or if there has been TT licences agreement, among others.

Source INPI.