The Brazilian Space Agency (AEB) introduced a comprehensive Intellectual Property Policy aimed at enhancing the management and commercialization of its intellectual assets. This initiative seeks to drive scientific and technological progress, positioning Brazil as a key player in the global space sector.
The Brazilian Space Agency (in Brazil, AEB) has announced the implementation of its new Intellectual Property Policy through Ordinance No. 1,520, dated July 15, 2024. This measure took effect on August 30, 2024, and aims to strengthen the management, exploitation, transfer, and promotion of AEB’s intellectual property assets, highlighting its role in Brazil’s scientific and technological development.
Established on February 10, 1994, the AEB is an autonomous agency linked to the Ministry of Science, Technology, and Innovation (in Brazil, MCTI), serving as the central body of the National System for the Development of Space Activities (in Brazil, SINDAE). Its primary responsibility is to formulate, coordinate, and implement the Brazilian Space Policy, with the goal of promoting the sovereign and efficient use of the space sector for the benefit of society.
The new intellectual property policy sets clear guidelines for managing inventions, utility models, industrial designs, trademarks, software, and other creations developed by the agency. The AEB will be responsible for cataloging and strategically managing these assets, promoting their use and commercialization without transferring ownership of the rights. Additionally, the document outlines licensing modalities, both exclusive and non-exclusive, allowing the granting of usage rights for these creations in exchange for financial and non-financial considerations, such as goods, scholarships, and training programs.
The policy also allows for the negotiation of exclusive licenses in the case of joint developments, with specific compensations. In situations involving licenses of national defense interest, the Ministry of Defense will be consulted.
Encouraging intellectual production is one of the document’s priorities, benefiting civil servants, military personnel, employees, and students involved in the agency’s projects. The policy also establishes that if intellectual property rights are not exploited within the stipulated deadlines, they will revert to the AEB, ensuring that assets do not remain inactive.
The economic gains generated by the exploitation of intellectual property assets will be managed by support foundations and reinvested in new science, technology, and innovation activities. With this policy, AEB aims to increase the transfer and licensing of its assets, stimulating technological progress and promoting the sustainable development of Brazil’s space sector.
Through this initiative, the Brazilian government demonstrates its commitment to fostering the country’s intellectual and technological advancement, seeking to make Brazil more competitive on the global stage and attract foreign investments to the space sector.
As this is a new subject with many nuances and approaches, it is worth contacting a lawyer who specialises in intellectual property to understand the subject. Peduti Advogados can help you with this.
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Author: Marília de Oliveira Fogaça and Cesar Peduti Filho, Peduti Advogados.
Source: Agência Espacial Brasileira institui sua Política de Propriedade Intelectual https://www.gov.br/aeb/pt-br/assuntos/noticias/agencia-espacial-brasileira-institui-sua-politica-de-propriedade-intelectual
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If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.
Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.
