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Intellectual contracts are those in the interests of entrepreneurs, related to the so-called intellectual rights, that is, to industrial property (patent assignment, industrial registration assignment, license to use an invention patent, license to use a trademark and transfer of technology) or copyright .

Intellectual property, the object of intellectual contracts, covers both inventions, industrial creations and distinctive signs of the company, as well as scientific, artistic, literary works, etc.   respectively divided into two distinct branches, namely, industrial and authorial.

In other words,  copyright is a set of prerogatives conferred by law on the individual or legal entity creating the intellectual work, so that it can enjoy the moral and patrimonial benefits resulting from the exploitation of its creations. Copyright is regulated by the Copyright Law (Law 9.610/98) and protects the relationship between the creator and those who use their artistic, literary or scientific creations, such as texts, books, paintings, sculptures, music, photographs, etc. Copyright is divided, for legal purposes, into moral and property rights.

Only property rights can be transferred to third parties, through an assignment, concession and license agreement.

The intellectual work (texts, books, paintings, sculptures, music, photographs, etc.), well protected by copyright, does not need to be registered to have its rights protected, as they are already safeguarded by the Civil Code and Law 9,610/98. The record, however, serves as evidence of authorship and, in some cases, to demonstrate who first publicly declared it.

They are protected by copyright: 

• the texts of literary, artistic or scientific, dramatic works;
• conferences, sermons;
• choreographic and pantomime works, whose scenic performance is fixed in writing or in any other way;
• musical compositions, whether or not they have lyrics;
• audiovisual works, with or without sound, including cinematographic works;
• photographic works, drawing, painting, engraving, illustrations, maps;
• projects, sketches and plastic works concerning geography, engineering, topography, architecture, landscaping, scenography and science;

• adaptations, translations of original works;
• computer programs (they are the subject of Law No. 9,609/98);
• collections or compilations, encyclopedias, dictionaries, databases.

Are not protected by copyright:

• Ideas, methods and schemes;
• Legal and normative texts;
• Commonly used information;
• Isolated names and titles.

Industrial property is regulated by Law 9,279.96, which provides for the possibility of registering industrial and commercial, non-intellectual goods, such as trademarks, inventions e modelo de utility, with the aim of protecting the heritage of its creator. Thus, the protection of industrial property, unlike copyright - which is born with the work -, takes place only after the registration of the trademark or patent of the invention and utility model at the National Institute of Industrial Property (INPI).

They are not considered inventions or utility models and therefore are not patentable and protected:

• discoveries, scientific theories and mathematical methods;

• purely abstract concepts;

• commercial, accounting, financial, educational, advertising, lottery and inspection schemes, plans, principles or methods;

• literary, architectural, artistic and scientific works or any aesthetic creation;

• computer programs themselves;

• presentation of information;

• game rules;

• operative or surgical techniques and methods, as well as therapeutic or diagnostic methods, for application to the human or animal body; and

• all or part of natural living beings and biological materials found in or isolated from nature, including the genome or germplasm of any natural living being and natural biological processes.

After registering the trademark or patent, the owner of the right will have his property protected e  he may even transfer the rights of use  to third parties, through the_cc781905-5cde -3194-bb3b-136bad5cf58d_assignment and license agreements.

The franchise agreement, as it deals with industrial property inherent to the marca, must also be registered with the INPI. (see Franchises )

The topic is quite complex and, due to bureaucracy, demands a thorough analysis by a specialist in the area. Therefore, no do not contact a specialized professional.

Trademarks, Patents and Copyright

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