Computer Program Registration in Brazil

Registration at the INPI/MDICE. Process of computer program registration and stages.

At the national level, computer programs’ intellectual property protection and trading are governed by LAW No. 9,609 OF FEBRUARY 19TH, 1998.

Computer programs are understood as the expression of an organized set of instructions in natural or codified language, contained in physical support of any nature, of necessary use in automatic machines of information treatment, devices, peripheral equipment or instruments, based on digital or analogical technique, to make them work in certain ways and for determined purposes.

From request to granting, the registration process consists of the following stages:

1 – Deposit of Computer Program Registration Request.
The protocol will be issued with the protocolization date and time indicated by the priority beginning.

1 – Publication of Computer Program Registration Request.
Computer program request publication, article 3 of Law 9609/98.

2 – Approval of computer program registration request. The approval of the computer program registration request is based on Law 9609/98. Any appeal should be lodged before the President of the INPI within a period of 60 (sixty) days, counted from this date.

3 – Registration concession.
Issuance of computer program registration certificate.
The Registration title will be issued on behalf of the holder and delivered by the attorney.

The registration request, submitted to the INPI through the appropriate form, will be constituted by the following formal and technical documents:

1- The name, pseudonym or conventional sign identifying the author(s), apart from the respective addresses, date of birth and Individual Taxpayer ID; name, address and Individual or Corporate Taxpayer ID of the person or corporation that will hold the property rights on the program; date of creation;

2- Name; indication of programming languages used in program development; voucher of payment of retribution owed for services related to the registration; program functional description and field of application;

3- If the holder of property rights is not the author, documents proving rights transfer must be submitted. These can be: work or service provision agreement or assignment and transfer agreement with notarized signature;

4- In case of technological derivations or modifications, authorization of the original program author, which must be identified through title, and its restrictions, if applicable;

5- In the case of computer programs contemplated in item 6 below, documents with reference to works of other nature will consist of formal documents; the name of the computer program cannot describe nor evoke the executed function.

6- Technical documents must consist of the complete or partial listing of printed source code or a CD or DVD containing the descriptive memorial; internal functional specifications; flow charts and other data capable of identifying and characterizing program originality.

6.1 – The format used in all files containing media must be Portable Document Format, PDF;

6.2 2 – Files must not be protected with passwords or any other mean, against copy, printing or any other use;

6.3 – Electronic media, which must be submitted in two copies, must contain, at least, technical documents, with formal documents separately delivered in paper;

6.4 – Each of the two copies must be submitted in a resistant and adequate conventional plastic box CD packaging guaranteeing media integrity.
6.5 – According to paragraph 1 of article 1 of Resolution No. 201 of 03/24/2009, the submission of CD or DVD copy authorization to the INPI is compulsory to reproduce it with the aim of preserving its content.

7- Power of Attorney with notarized signature;

8 – Certified copies of the Articles of Incorporation, last contractual amendment and Corporate Taxpayer ID.

Technical documents will be held confidential with the INPI being the bona-fide depositary, taking full responsibility in case of a confidentiality breach proven to have occurred within the institution.

Confidential technical documents will only be disclosed to comply with a court order or a request from the title holder.

Please count on us for any other necessary clarifications. We would like to stress that we will always be at your disposal and will promptly assist you.