In Brazil, companies that transfer their technologies or sign  contracts involving licensing of industrial property rights (trademarks, patents, industrial designs and topography of integrated circuits should record the agreement before the Brazilian Trademark and Patent Office in order to pay royalties for foreign companies. 

The rules to record the agreement used to be very strict mainly regarding the formalities in the agreement related to legalization. However, recently, the BPTO has simplified the rules. For agreements signed abroad it is not necessary to legalize the agreement nor notarize. Moreover, digital signatures are accepted. 

Furthermore, now it is possible to pay royalties related to trademark and patent not granted in Brazil yet. Before 2023, it was possible to record the agreement but the payment was not allowed until trademark or patent grating. 

After the changes, we expect that the process will be faster and with less bureaucracies.

If you need to record an agreement in Brazil and have more questions, we will be glad in help you.

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Author: Laila Reis Araujo and Cesar Peduti Filho, Peduti Advogados.

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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.”