By Thereza Gonçalves Curi Abranches
January 9, 2023
New flexibility on the remittance of royalty payments abroad
In the last days of December 2022, new regulations entered into force easing up the remittance of royalty payments abroad. However, local … New flexibility on the remittance of royalty payments abroad
October 6, 2020
BPTO launches the Intellectual Property showcase project (“IP Window”)
Entered into force on October 01, 2020, the IP showcase project called “IP Window”, an initiative by the Brazilian Patent and Trademark … BPTO launches the Intellectual Property showcase project (“IP Window”)
October 25, 2017
New procedures regarding Software Registration in Brazil
As it is known, software protection follows the Copyright System, and a registration which is optional and of a declaratory nature can … New procedures regarding Software Registration in Brazil
December 15, 2015
Newsletter 2015.15 – Extension of the list of Service Agreements that can be paid by Brazilian companies without the need of a prior registration with the BPTO
Brazilian law requires that international know-how agreements must be previously registered before the BPTO – Brazilian Patent and Trademark Office, in order for Brazilian companies to be allowed to remit payments abroad. Moreover, the BPTO of registration also enables Brazilian companies to treat the payment as an “operational expense” for corporate income tax purposes, among other effects.
According to the law, there is no doubt that know-how agreements are submitted to this kind of proceedings. However, the law is not clear concerning agreements for rendering technical assitance services, since, in these cases, the technology transfer may, or may not be present.