for EU SMEs Mercosur IPR SME Helpdesk INDEX Introduction about Softwares Brazilian Market Software Protection and Software Registration in Brazil Definition of Software According to Brazilian Law ID: 317774
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Slide1
Software Protection in Brazil
for EU SMEs
Mercosur IPR SME HelpdeskSlide2
INDEX
Introduction about Software´s Brazilian Market
Software Protection and Software Registration in Brazil:
Definition of Software According to Brazilian Law
How could software be protected in Brazil
How to register software in Brazil
Software Infringements and Legal sanctions in Brazil:
Illegal behaviors
Civil Remedies
Criminal Penalties
Related Links & Additional Information
MERCOSUR HELPDESKSlide3
TRAINERSlide4
SOFTWARE´S BRAZILIAN MARKETSlide5
Brazilian
Market
statistics
Brazil places the top 10 software market in the world
Positive factors:
Low entrance barriers
Relatively minor structural costs
Facilities to distribution channels
98% of Software Developers in Brazil are SMEs
Brazil has a specific Software Law
Brazil has the lowest Piracy rate in Latin America
More information can be found at:
http://export.gov/brazil/static/CC_BR_DoingBusiness_CCG_PDF_Chap4_ComputerSoftwareandServices_Latest_eg_br_062846.pdf Slide6
SOFTWARE PROTECTION AND
SOFTWARE REGISTRATION IN BRAZILSlide7
Definition
of Software
Software or Computer Program is the expression of an organized set of instructions in natural or coded language, necessarily employed in automatic machines for manipulation of data, devices, tools or peripheral equipment.
Key Words: source code and object code.Slide8
Software Protection
in
Brazil
How could be protected?
Copyright
Patents
Trade secrets
PS: The Software´s layout and the Software´s name can also be protected by copyright and trademark, respectively.Slide9
Software
Protection
Copyright:
It is the most adequate protection according to Brazilian Software Law
Duration: 50 years, counted from the January 1
st
of the subsequent year of its publication or creation
As any copyright work, software rights arise from its creation and its registration is not mandatory
Software registration is quite recommendable to secure the presumption of ownership and to prevent eventual infringements
As any copyright work, any infringement shall be literary / plagiarism Slide10
Software
Protection
Patent:
Brazilian Patent Law expressly prohibit the protection of a software
per se
as a patent. It is admitted only in case of a device including a specific software
Patent requirements: Novelty, Inventive Step and Industrial applicable
Duration: 20 years, counted from the filing date
Full enforcement / very strong title (certificate)
Current understanding to protect the software as a
method.
Method
involving commercial, financial and accounting solutions, since
it
results in a technical solution
(example
: optimization, improvement of interfaces, file management, etc
.)Slide11
Software
Protection
Trade Secret:
Not advisable since the difficult to:
(
i
) take the reasonable precautions on keeping secret the information;
(ii) burden of proof / evidences concerning the improper use or retrieval of the information;
(iii) do not prevent/protect the reverse engineering
Duration: unlimited, as long as it is kept on secret
Non Disclosure Agreement (NDA) and Technological Protection Measures could be alternative options to avoid infringements.Slide12
Software
Registration in
Brazil
Shall I Register a Software?
Software
Registration is voluntary but advisable, especially to enforce the right
.
Possible options:
Unregistered Software:
the author must recollect and furnish proof of his/her authorship and ownership
.
Registered Software:
the registration confers the author a presumption of authorship.Slide13
Software
Registration in
Brazil
How to register a software
Who Can Register?
Individuals or companies (national or foreign). However, the creator is always an individual. Thus, in case of companies it is necessary to submit an assignment
Where to Register?
At the Brazilian Patent and Trademark Office (BPTO)Slide14
Software
Registration in
Brazil
How to register a software
Which Documents I Need?
Formal Documents: data referring to the author and holder (name, nationality, marital status, profession, ID, birth date, telephone, address and e-mail)
Technical Documents: data referring the software (program´s title, creation´s date, type of language, scope and type of program)Slide15
Software
Registration in
Brazil
How to register a software
Formal Requirements:
Portuguese Language
Formal and Technical documentation must be in PDF and in CD/DVD format
The media should not be rewritable
Authorization to the BPTO copy the CD/DVD
Authorization in case of derivative workSlide16
Software
Registration in
Brazil
BPTO Procedures:
Filing
Formal Examination
Eventual Official Action
Granting Publication
Certificate Expedition
Renewal of 10 years of secrecySlide17
SOFTWARE INFRINGEMENTSSlide18
Software
INFRINGEMENTS
Illegal Behaviors
Unauthorized exploration:
Reproduction
Unauthorized commercialization
Offering for sale, importation or acquisition
Storing for trade purposes Slide19
Software
INFRINGEMENTS
Civil remedies
Cease the infringement conduct
Prohibition of incurring in new acts (as per fines)
Seizure and destruction of the goods (via preliminary injunction)Slide20
Software
INFRINGEMENTS
Criminal Penalties
Imprisonment from 6 months or fine
If the infringement has commercial purposes, the penalty is increased from one to four years and fineSlide21
RELATED LINKS & ADDITIONAL INFORMATIONSlide22
MAIN IP
organisations
and sources of information
NAME
WEB
ADDRESS
Brazilian
Patent and Trademark Office
http://www.inpi.gov.br/
Patenting software WIPO’s Guides
http://www.wipo.int/sme/en/documents/software_patents_fulltext.html
http://www.wipo.int/wipo_magazine/en/2008/06/article_0006.html
INPI software database
https://gru.inpi.gov.br/pPI/servlet/ProgramaServletController?Action=detail&CodPedido=371
Mercosur IPR SME Helpdesk:
http://www.mercosur-iprhelpdesk.eu
Slide23Slide24
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