Propiedad industrial e intelectual y desarrollo tecnológico

Ross Kaufman 26 technology, by way of full utilization of the informatÍon accumulated and the ample divulgatíon in the,industrial or research sectors". 1I1.- Regulation The centerpiece of the regulatory system is an INPI rule, Normative Act N° 15 (hereinafter referred to as "AN N° 15"), whichwas issued in 1975. The rule establishes the basic norms and concepts for the approval and recordation of technology transfer contracts and related items. AN N° 15 establishes that recordatíon of the contract with the INPI is a condition foc: (a) legitímating the payrnents arising from the transfer contraet, "whether internal or paid abroad", (b) permitting tax deductibility (seeAdidas ease), and (e) proving effective use ofa patent ormark in Brazil. The rule breaks technology transfer contracts into 5 groupings: - license for patent exploratíon; - license for use of a mark; - supply of industrial technology; - technieaI-industrial cooperatíon; and - specialized technical services. Each separate area has, by the way, to be covered by a separate contracto 'Ibis is the reason asserted byRoberto Reís, head ofINPI's division of technology transfer contracts, for the lack of effective franchising in Brazil, since in franchising the license is an íntegrated whole, also involving the use of the mark. "Unfortunately, we simply have to fulfill the law", he toid a session of the Tenth Annual Meeting of the Brazilian IntellectuaI PropertyAssociatíon in Sao PauIo inAugust 1990. But, ofcourse"INPI itself made the rule that alllicensing elements have to be treated separately. This - . __ iendency, .which _admittedly.. is somewhat Kafk:aesque, to invoke an ad– ministrative rule to justify a result without any effort to justify the rule itself typifies the technology licensíng process. It has had an impact on Brazil's development. Contracts are subject to recordation where foreigners are involved, and even where they are not. Regarding patent licensing, the remuneration permitted is not estab– lished in AN N° 15. The regulation provides that remuneratíon is to be set taking into account the type of production or field of activity, be specificaI1y related to the beginning ofeffective exploítationof the pateot and, further-