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ARTICLE · 06 JANUARY 2023

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New BPTO Rules For Contracts

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In other words, with this change, the know-how may return to the licensor at the end of the contract.

BrazilIntellectual Property

On December 30, 2022, The Brazilian Patent and Trademark Office (BPTO) published the minutes of the meeting in which several of the autarchy's directors and members deliberated on changes in the rules for registration and annotation of contracts, the licensing of non-patented technology and the possibility of paying royalties for patents applications and industrial design.

During the meeting, the BPTO decided that the following changes regarding the procedure for registering and annotating contracts will be implemented immediately:

  • Removal of mandatory notarization and apostille/legalization of foreign signatures;
  • Acceptance of digital signatures without an ICP-Brazil certificate, also waiving the need for e-notarization and e-apostille;

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Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."

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This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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