The Brazilian Patent and Trademark Office published a new directive in the form of a Normative Instruction (no. 70/2017) on April 11, 2017, which deals with the administrative procedure for the recordal of licenses and assignments of Industrial Property rights as well as the recordal of contracts for transfer of technology and franchising.
The Normative Instruction details in its text the types of contracts that must be recorded before the BPTO, as well as the documents and required when presenting the request for recordal.
The most relevant aspect of the Normative Instruction is the simplification of the procedure of recordal of technology transfer contracts. With this Instruction, the analysis of the BPTO will be restricted to its formal scope. The Institute will no longer analyze material matters relating to the contracts, such as the content of their clauses, nor will it examine the contracts from a fiscal, tax and remittance of capital abroad perspective.
The Normative Instruction No. 70/2017 enters into force on 1 July 2017.