Propiedad industrial e intelectual y desarrollo tecnológico

27 Intellectual Property in Brazil and the ... . morc;:, be directly linked to tbe saJeof the product resulting from application of the obje~t oí tbe patent. , . Remuneration is to be determined based on tbe percentage oc [lXed unit value per unít ofproduct, in eitber event incident on the Det sale price or, if it is the case, aIso in correlation witb the profit obtained from·the product object of tbe license. A "note" to paragrapb 2.2.1 of ANN°·15 provides tbat: "For purposes ofcalculatíonof remuneration "net price" ís considered the invoice value, based on actual sales, less taxes, fees, inputs and components imported from tbe tícensor as well as by any supplier directlyoc indirectly linked to such licensor, commissions, credits for returns, freight, msurance and packaging, besides otber deductions tbat may be agreed between tbe parties". If the patent owner controIs tbe licensee, recordation of tbe license produces no effeets as to payrnent -in this case it serves only to prove effeetive exploration of the patent in Brazil and avoids lapse or "caducidade". Paragraph 2.5.1 ofAN N° 15, in classic import substitution regulatory fashion establisbes eertain mandatory provisíons of the patent license, and Paragraph 2.5.2 tells what the lieense cannot sayo For example, it cannot (a) regulate, Q.etermine, alter or limit the productíon, sale, price, advertising or diffusiqn, distribution, marketing or exportation, (b) it cannot impose an obligationto purchase inputs or components necessary to manufacture or use the prQCesS, (e) it cannot contemplate impeding the licensee from contesting, administratively or by judicial proceedings, the industrial property rights sought or obtained in Brazil by tbe licensor; and, (d) among other requirements, it cannol exempt the licensor from liabilitywitb respect to possible tbird party actions, arising from vices or defects inherent in the content of the object of the license covered by the contract. . How about the licensing of tbe use of mark.s? There's plenty of restrictions in AN N° 15. Paragraph 3.2 of this normative telIs tbat remuneration, "quando admitida", should be directly linked to the services or products distinguished by the mark or slogan. For marks, too, the definition of"net sales" we lookt;d at,a moment ago applies. .. The regulation again stipulates certaip obligatory conditions of the license, such as: (a) "to contain the optiO!l for the licensee, if he deems it suitable, to make use aIso of this own mark or propaganda together with the licensed mark...", (b) to contemplate that tbe products or services to be distinguished by the mark wiIl contain idf!ntical specifications, nature and