Software Protection in Brazil for EU SMEs Mercosur IPR SME Helpdesk

INDEX o Introduction about Software´s Brazilian Market o Software Protection and Software Registration in Brazil: o Definition of Software According to Brazilian Law o How could software be protected in Brazil o How to register software in Brazil o Software Infringements and Legal sanctions in Brazil: o Illegal behaviors o Civil Remedies o Criminal Penalties o Related Links & Additional Information o MERCOSUR HELPDESK

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SOFTWARE´S BRAZILIAN MARKET

BRAZILIAN MARKET STATISTICS o Brazil places the top 10 software market in the world o Positive factors: — Low entrance barriers — Relatively minor structural costs — Facilities to distribution channels o 98% of Software Developers in Brazil are SMEs o Brazil has a specific Software Law o Brazil has the lowest Piracy rate in Latin America More information can be found at: puterSoftwareandServices_Latest_eg_br_ pdf

SOFTWARE PROTECTION AND SOFTWARE REGISTRATION IN BRAZIL

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.

SOFTWARE PROTECTION IN BRAZIL  How could be protected? 1.Copyright 2.Patents 3.Trade secrets PS: The Software´s layout and the Software´s name can also be protected by copyright and trademark, respectively.

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

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.)

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.

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.

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)

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 ) Technical Documents: data referring the software (program´s title, creation´s date, type of language, scope and type of program)

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 work

SOFTWARE REGISTRATION IN BRAZIL  BPTO Procedures: Filing Formal Examination Eventual Official Action Granting Publication Certificate Expedition Renewal of 10 years of secrecy

SOFTWARE INFRINGEMENTS

 Illegal Behaviors Unauthorized exploration: Reproduction Unauthorized commercialization Offering for sale, importation or acquisition Storing for trade purposes

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)

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 fine

RELATED LINKS & ADDITIONAL INFORMATION

MAIN IP ORGANISATIONS AND SOURCES OF INFORMATION NAMEWEB ADDRESS Brazilian Patent and Trademark Office Patenting software WIPO’s Guides atents_fulltext.html icle_0006.html INPI software databasehttps://gru.inpi.gov.br/pPI/servlet/ProgramaServlet Controller?Action=detail&CodPedido=371 Mercosur IPR SME Helpdesk:

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