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Recently, the Brazilian Patent and Trademark Office (BPTO) published Normative Instruction No. 74/2017. The measure, which is related to the registration of software applications, aims to use more practical methods for the protection of the intangible assets.

On September 12, 2017, the BPTO launched the e-RPC system, a completely electronic system that will allow for software registration without the need to present any sort of physical media. Software content should be presented in “hash code” generated online, which according to the BPTO is safer and more efficient than the previous method. The BPTO will also adopt measures to transition to a paperless environment and digitize the registered software in its possession, through scanning and through copying optic media to magnetic media.

Another aspect of the new system is the use of digital signatures. In the e-RPC, the declaration of veracity of the application and the Power of Attorney, when applicable, should be presented as a .pdf file and signed electronically, so as to ensure its authenticity, integrity and legal certainty.

The e-RPC should make the application procedure faster, and the BPTO expects to reduce the software backlog to zero by the end of 2017 with this Normative Instruction.

Software protection is essential for proving authorship, and its protection is pre-requisite for participating in private and public biddings and other government programs.

For more information on the protection of software, please do not hesitate to contact us.

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