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Resolution no. 156/2015 includes new services not subject to registration at the INPI

Por :

12/16/2015 12:00 AM Demarest News

A new resolution of the Brazilian Patent and Trademark Office (BPTO), published in the Industrial Property Journal (RPI) 2343 on December 1, 2015, includes some services in the list of technical and scientific assistance services that are not subject to registration, as determined by article 211 of Law No. 9279/96.

​The new services are:
  • Preventive maintenance of equipment and/or machines of any nature;
  • Repair, fixing, adjustment, calibration, review, inspection, renovation and recovery of equipment and/or machines of any nature; and
  • Assembly supervision, assembly, disassembly, operation installation for equipment and/or machines;
​ ​ The services that are already not subject to registration are:​
  • Sourcing, including logistics (shipment support, administrative tasks related to customs clearance, etc.);
  • Services performed abroad without the presence of technicians of the Brazilian company, which produce no documents and/or reports, such as product processing;
  • Homologation and certification of product quality;
  • Financial consultancy;
  • Commercial consultancy;
  • Legal consultancy;
  • Consultancy for participation in bidding processes;
  • Marketing services;
  • Remote consultancy, with no production of documents;
  • Support, maintenance, installation, implementation, integration, customization, adaptation, certification, migration, setting, parametrization, translation or localization of computer programs (software);
  • Training services for end users or other computer program (software) training;
  • Computer program (software) license;
  • Computer program (software) distribution;
  • Acquisition of a single copy of computer program (software);

Therefore, on the date Resolution 156/2015 comes into force, the BPTO's decisions in processes for registration of technical and scientific service agreements will be analyzed based on such Resolution, irrespective of when the application for registration was filed at the BPTO.

Should you need any further information, our intellectual property team is available to assist you.

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