The computer program has a suis generis nature, and its registration is not mandatory to guarantee protection, as well as that of a literary, artistic or cultural work. However, the INPI offers this possibility, which is highly recommended because it is proof of a federal agency authoring certain software, which weighs heavily in litigation against third parties.

The registration of your work is not necessary to guarantee its protection, as provided by the law itself. In the event of a dispute against third parties, it is sufficient to prove the authorship of the work through publications, drafts or even witnesses.

Due to the INPI’s competence in regulating business involving the transfer of technology or other industrial property assets, all contracts that deal with these topics must be registered with the INPI.

In addition to the patent, there are other modalities of protection for inventions that do not comply with any of the aforementioned requirements. Examples of these are industrial design (for aesthetic modifications to a product) and utility model (for innovations in part of an existing invention).

Any invention that meets the requirements of novelty, inventive step and industrial application. “New” is anything that does not yet have an equivalent already in use or that has not yet been revealed to the public; “inventive” is what is not obvious to a professional in the field, that is, research is needed to achieve the result of creation; “applicable” are inventions that can be mass produced for public access.

The proper procedure for registering a trademark involves, preliminarily, two steps: the registration feasibility study (to verify that the expression does not conflict with any other) and the application for registration with the INPI. After a period of two years from the registration request, the INPI requests the complementation of amounts to grant the definitive registration of the trademark for 10 years, which can be extended indefinitely, provided that the expression of interest and the payment of the government fee corresponding.

This is a common practice, given that the information on the INPI website is available to the public. Good and bad companies look for trademarks registered or not in the INPI system, see their owners and potential customers and send service proposals. Such companies seek, in most cases, to extort money or charge abusive amounts for the trademark registration service, relying on the ignorance of their “customers”. It is recommended that you do not pay any bill sent by e-mail or post, given that the INPI never carries out such a practice. As explained above, nothing prevents you from continuing to use your trademark without registration with the INPI.

Nothing prevents you from continuing to use your trademark without registering with the INPI. However, it will be much more susceptible to appropriation by third parties, who cannot be prohibited from using the expression if they do so in good faith (that is, without being aware that it is already being used). In addition, the lack of registration reduces the value of the brand, as it does not provide the security of exclusivity in its business sector.

By registering with the National Institute of Industrial Property (INPI) you guarantee the exclusivity of use of your brand in the area where your business operates. In addition, the registration gives you the legal support to prevent a third party from using your trademark without your authorization.