Propiedad industrial e intelectual y desarrollo tecnológico

Intel/ectual Property in Brazil and the ... chandise or service in the class corresponding to his activity; Licensing of marks is expressly treated (Art. 90), providing that: "The owner of the marlc.. can authorize its use by third parties duly established, by way of a contract oC exploitation which shall contain the number of the application or the registration and the conditions of remuneratíon, as well as the obligation of the owner to exercise effective control over the specifications, nature and quality of the reSpective articles or services". Sound easy? As a practicaI matter, no marks are licensed with remunera– tion. Section 1 of Art. 90 pí:ovides that "remuneration will be established with due obselVance of the legislation in effect and of the rules issued .by the monetary and foreign exchange authorities - emphasis on "monetary and exchange authorities". Section 2 provides that the license "cannot impose restrictions on the manufacture and marketing;including export". Lastly, of relevance, Section 3 tells that the license to use the mark onlywill produce effects as against third parties after judged proper and recorded by the INPI. II.- Administration Administration of the Industrial Property Code is, as prior1y men– tioned, entrusted to the INFI. It was created in 1970 (by Law N° 5648) as a federal autarchy. replacing the National Department oflndustrial Proper– ty. Artic1e 2 of its constitutive law recites that the INPI has "as its principal purpose to execute, in the national scope, the rules that regulate industrial property, having in view its social, economic, judicial and technical Cune– tion". This rather vague mandate is filled out by the sole paragraph ofArt. 2: "Without prejudice to the other attributions that may be grantcd to it, the INPI will adopt, with a view to the economic development of the country, measures capable of accelerating and regulating the transfer of tecnology and of establishíng better conditions of negotiation and utiliza– tion ofpatents..... This does not appear to be a mandate to impede, obstruct or otherwise complicate the transfer of technology - it appears to con– template faster and smoother transfer. The regulations to the INPl's con– stitutive law are clear in this regard (Decree N° 68.104 of 1971): "to create better conditions of absorption t adaptation or development of science or