Export software to Brazil

Do you want to export software to Brazil? Brazil has a good market for technology.

Any brazilian contacted you to buy your software?

Attention, please, on some points you need to know.

1- Do a contract between you and the brazilian importer

Be sure the most important thing to do with a brazilian client is a written contract. People in Brazil, import without a written contract. If a problem arises after the sale of the software, if you don’t have a written contract that proves your business, you will have to take the action in the Brazilian Courts to resolve the problem.

2- Register your software before exporting to Brazil

In Brazil, for example, there is a lot of unauthorized copying circulating in the digital environment and it is not always possible to avoid software piracy. But there are legal provisions.

The first thing you need to do to protect the software through Copyright is to register the source code of your system at the INPI. With this registration, the creator of the program becomes the copyright holder, being able to exploit them for 50 years.

The registration of a patent is also done by the INPI. The advantage of the patent is that it has a more comprehensive protection of the operation of the invention, while the software registration protects the author only against literal copies of the source code, be it partial or total.

The software that is linked to hardware and this set meets the patentability requirements, then it is possible to obtain the patent.

The problem is that patents in Brazil have taken an average of 10 years to be granted. By that time, the technology will likely be outdated. Another issue to consider is that process and functionality updates would not be protected by the original patent and would require new requests from the INPI.

3- Register your software trademark in Brazil

If your software has a trademark, you need to register it in Brazil as well. If you don’t register, someone will be able to register your brand and you, the importer, will surely have problems commercializing the software.

The importance of making a written contract with the Brazilian software importer is that you will be able to demand that the trademark registration of your software be done and even establish deadlines for doing so.
Furthermore, in the contract, you can agree on whether the importer will be responsible for taking care of the software brand in Brazil.

4- Conclusion

Whenever you export software in Brazil, make a contract to have legal security for the operation. You must also remember your trademark, and how important it is to your software. You will also need registration.

If you have any questions about the subject and want to enter into a contract with me, send an email to contact@anainternationallawyer.com.br