Propiedad industrial e intelectual y desarrollo tecnológico

29 Intellectual Property in Srazil and me ... The technology transfer remuneration is to be basal on a number of factors. The duration of the contraet, "sempre de caráter temporário", is to .establish the term considered necessary to capacitate the acquiror to dominate the technology, by way ofits adequate utilization and the obtain- ing ofreal results deriving from its incorporation. ', . . AN N°15 covers aIso two other items. First, so called "technical industrial cooperation" contracts, defined in paragraph 5.1 as those having as a specific purpose acquisition of techniques and services required for the manufacture of industrial units and sub-units, ofmachines, equipment and their respective components, and other capital goods, upon order. Second– Iy, the contraet for so-called "specialized teehnical services". These are understood to be "contracts having as their specifie purpose the planning, programming and elaboration of studies and projects, as well as the exeeu– tion or rendering of services, of a specialized nature, that the productive system of the country requires". lnsofar as technical service contracts are concemed, AN N°15 has been superseded by INPI Normative Act N°60 of March 24,1982 ("AN N°60"), which establishes the basic conditions for the recordation of such contracts' As you might expeet, import of foreign technical services is conditionedon the inexistence ofnational teehnicaI capacity for the render– ing of the same services. AN N°60 did permit technical services in an amount less that US$35,OOO to be formalized by presentation of an invoice, rather than a contraet. In this case, however, a prior consultation with INPI is required in which there is described in detail precisely what is to be imported, the qualification and number of technieisris and the value there– of. As far as prior consultation is concemed, Normative Act N0:32 orMay 5,1978made 8uch consultationmandatoryforremunerated patent licenses, remunerated trademark licenses, 8upply of industrial technology, techni– cal-industrial cooperation and most instances of specialized technical ser– vices. It requires presentation of the draft contraet in parallel columns¡of Portuguese and the relevant foreign language. In the area of informatics, joint INPI and SEI (Special Informatics Secretariat) approval of technology licenses is required. By the way, the prohibition unilateral1y imposed by the SEI on technology joint ventures in the atea of informatics -that is, the licensor of the technology cannot have an equity participation in the licensee- was recently overtumed