Regulations for Intellectual Property Rights of Research Sponsored by the Brazilian Government
The Brazilian National Council of Scientific and Technological Development (CNPq) issued a new regulation regarding Intellectual Property Rights (IPRs) for research scholars. Among other issues, the regulation defines rules for identifying and disclosing IPRs, and also clarifies ownership and cost-sharing arrangements for intellectual property generated by research projects funded by CNPq.
*********
The Brazilian National Council of Scientific and Technological Development (CNPq), has issued on February 9th, 2023, an ordinance that defines the rules of Intellectual Property Rights (IPRs) for research scholars.
The new regulation states that scholars and researchers must be vigilant in monitoring projects to identify any Intellectual Property Rights and must communicate the result to the Technological Innovation Center (NIT) or the body in charge of the Intellectual Property area of the Scientific and Technological Institution (ICT) or of the company hosting the project. The disclosure of information related to the project through any publication must not jeopardize the eventual obtaining of intellectual property protection for the knowledge generated with CNPq support. The new ordinance highlights that CNPq will not have ownership of the intellectual property generated, and it will be up to the institutions to decide the ownership or co-ownership of intellectual creations resulting from research projects funded by CNPq. The regulation also emphasizes that the institutions or companies executing the projects must bear the costs of registration of intellectual property and must ensure the sharing of economic gains resulting from the commercial exploitation of intellectual property with researchers. However, the institutions must avoid establishing any form of intellectual protection that may cause a restriction that harms or prevents the development of new technologies and innovations based on knowledge shared by the patent application filing and/or certification.
For further information please contact rmauro@ojambf.com
