Brazil

Country code:

BR

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Background of colaboration

Information about funding opportunities for R&D projects:


Name of the programme	Funding organisation	Countries	Research Actions	Limitations
FNDCT (Scientific and Technologic National Fund)	Brazilian Innovation Agency (FINEP)	Regional, national and international	Sectoral funds via public calls of proposals, sub-categories covering 16 sectoral funds. FINEP signed agreements with differente entities from Spain, France, Germany, United Kingdom, Denmark, Finland, United States, and South Africa, among others. Also, multilaterally there is the Ibero-American Innovation Program (Programa Íbero-Americano de Inovação), comprising Argentina, Brasil, El Salvador, Mexico, Paraguay, Panama, Peru, Portugal, Nicaragua, Dominican Republic, and Uruguay. Finally, there is the Fund for the Technological Development of Telecommunications (Fundo para o Desenvolvimento Tecnológico das Telecomunicações - FUNTTEL), managed by the Ministry of Communications (Ministério das Comunicações).	The majority of the non refundable funds are destined to public ST&I institutions or to non-profit private entities. There is also refundable funds and traditional investment.
Science Without Borders – Special Visiting Resarcher	Brazilian federal government via joint effort of the Ministry of Education and the Ministry of Science, Technology, and Innovation	International	Programme aims to attract senior foreign researchers internationally recognized as scientific leaders in priority areas of Science Without Borders program, to conduct projects with Brazilian research groups and visit Brazil for up to three months each year over two to three years. Programme also provides scholarships for Brazilian doctoral and postdoctoral students to maintain projects in Brazil and abroad.	The proposals must be inserted on the specific areas covered by the programme.
Science Without Borders – Young Talents	Brazilian federal government via joint effort of the Ministry of Education and the Ministry of Science, Technology and Innovation.	International	Programme aims to attract young researchers living abroad, especially Brazilians, who have a highlighted scientific and technology production within the areas of interest to the Science Without Borders. It is also possible to finance undergrad and grad students abroad.	The proposals must be inserted on the specific areas covered by the programme.
Funding by São Paulo Research Foundation (FAPESP)	Co-founded by São Paulo Research Foundation (FAPESP)		FAPESP has a large number of agreements with foreign funding agencies, research performing organizations and companies to co-select and co-fund cooperative research. Broadly speaking, the agreements are of two types: a) Agreements offering seed funding, mostly for exchange of researchers and students and small workshops. In this case the foreign partner is generally a university or a research institution; b) Agreements offering full funding for research projects, selected jointly by FAPESP and the partnering agency. In this case the foreign partner is generally a research funding agency or an industrial research laboratory.

Partner search facilities:


Name	Description	Scope	Costs
Lattes platform	An integrated database that enables the search for individuals, research groups and Research & Development institutions into a single Information System.	Brazil	Free of charge
Directory of Institutions	It is actually a component of the Lattes platform designed to serve as a register centre for the research institutions.	Brazil	Free of charge
Research Groups Database	Research groups formed by personnel from different institutions but regularly working together as a web can also be accessed in the Directory of Research Groups.	Brazil	Free of charge
The National Institutes of Science and Technology (INCT)	INCT should promote the advancement of the country's competence in their respective areas of expertise and are expected to create attractive and stimulating environment for talented students of different levels, from high-school to post-graduate.	Brazil	Free of charge

Resources of information:


Name	Description	Costs
Ibero-American Programme for Science, Technology and Development	Agreement signed by 19 Latin American countries, Spain and Portugual, which aims to combine different perspectives and visions to promote cooperation in Research and Innovation for the development of the Latin America region. It aids not only the transfer of knowledge, intel, experience but helps with funding as well.	Free of charge
PROCISUR	Cooperative Programme for Technological Developement in Agrifood and Agroindustry in the Southern Cone (NARIs of Argentine, Bolivia, Brazil, Chile, Paraguay and Uruguay). Main activities: regional platforms and additional portfolio of cooperative and regional projects (innovation projects; cooperative projects for the advances of knowledge) on Strategic Lines.	Payable
PROCITRÓPICOS	Cooperative Programme of Agricultural Research, Development and Innovation for the South American Tropics (NARIs from Bolivia, Brazil, Colombia, Ecuador, Peru, Suriname and Venezuela). Main activities: research, development and innovation projects; research, development and innovation networks and technical cooperation between the members.	Payable

Institutions supporting R&D collaboration:


Name	Description
FINEP - Innovation and Research	Public enterprise attached to the Ministry of Science, Technology and Innovation. It acts in the whole innovation chain, focusing on structural actions, public funding towards science, technology and innovation for both the private and public sector.
CNPq - National Council for Scientific and Technological Development	Agency of the Ministry of Science, Technology and Innovation. Its main goals are to promote scientific and technological research; encourage the capacitation of Brazilian researchers; and formulate SCI policies.
Ministry of Science, Technology and Innovation	The Ministry incorporates both institutions described above and coordinates their work and programmes execution. Its main goal is to consolidate and transform the sector into a strategic component of the Brazilian development. Besides its main agencies, the Ministry also contains study and research centres. The Bureau of International Affairs – (ASSIN) advises the departments of the Ministry of Science and Technology and its linked bodies with regard to activities related to cooperation with international organisms, bodies and foreign governments, as well as matters related to the achievement of international agreements that concern science and technology of social, economical and strategic relevance to the country.
São Paulo Research Foundation (FAPESP)	The independent public foundation with the mission to foster research and the scientific and technological development of the State of São Paulo. FAPESP has a large number of agreements with foreign funding agencies, research performing organizations and companies to co-select and co-fund cooperative research

Legal framework for R&D cooperation:


Name of the agreement	Description
Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil	The Agreement aims to encourage and facilitate cooperation between the EU and Brazil when it comes to common areas of interest by suppporting and carrying out technological research and development.
Framework Agreement Between the Government of Canada and the Government of the Federative Republic of Brazil for Cooperation on Science, Technology and Innovation	The Agreement promotes greater collaboration in research and development in areas of mutual interest, including ocean technology, life sciences, information and communications technology, clean energy, green technologies, and nanotechnology. More broadly, it builds on Canada’s important commercial and political relations with Brazil to help boost collaborative research and development activities and lead to the commercialization of new ideas.
BRICS	Collaboration between Brazil, Russia, India, China and South Africa. During the 6th BRICS summit in Brazil, the state banks of BRICS Member States concluded the Cooperation Agreement on Innovation.
Brazil – Israel R&D Cooperation Program	The programme invites Israeli and Brazilian companies in all industries sectors to draw up a proposal for cooperation in R&D that result in the development of new products, processes or services of industrial application leading to commercialization in the domestic and/or global markets.
Brazilian-Argentinian Center of Biotechnology - CBAB	This is a regional integration programme with the purpose of strengthen the cooperation between Brazil and Argentina in biotechnology.
CBAN - Brazilian-Argentinian Center of Nanotechnology	This is a binational center of nanoscience and nanotechnology formed between Brazil and Argentina having as main objectives to promote the transfer of scientific and technological knowledge and training of human resources in both countries; develop R&D projects of interest in knowledge fostering, products and process and support to laboratories; and study issues about patents and intellectual property in general regarding commercialization of nanotechnological products and processes.
International Center of Genetical Engineering and Biotechnology	This is an international cooperation programme to promote the cooperation for development and pacific application of genetic engineering and biotechnology, especially within the developing countries, and to promote research, training and consultancy programmes and services in all fields of these subjects. The Center has been structured in 2 components (Trieste/Italy and New Delhi/India) and Affiliated Centers around the World (including Brazil). Aiming to strengthen the scientific community, the programme promotes direct interaction between worldwide renowned scientists.
PROSUL - South-American Activities Support Programme to Cooperation in Science and Technology	This programme generated an integrated forum of ST&I in South America, making possible the intensification of common efforts in scientific and technological research and promoting a growing articulation between multilateral organizations and its supported projects.
RITLA - Latin American Technological Information Network	RITLA is an international organization, intergovernmental, destined to contribute, under regional cooperation, to scientific and technological development in Latin America.
ALCUE - Latin America, Caribbean and European Union	ALCUE is a cooperative network focused on facilitate scientific and technical cooperation between excellency centers in Europe, Latin America and Caribbean in the field of cultural heritage.
CPLP - Portuguese Speaker Countries Community	CPLP is a programme to amplify the cooperation and training in Social Sciences initiatives of common interest between its members through the intensification of cooperative efforts in research in Social Sciences and joint initiatives between multilateral organizations and their cooperation projects.
PROAFRICA - Cooperation Thematic Programme in S&T Matters	PROAFRICA aims to amplify the cooperation between its signers to intensify the efforts in scientific and technological cooperation and to promote joint initiatives between the multilateral organizations and their cooperation projects.
RECYT - Science and Technology Specialized Meeting	An initiative under the MERCOSUL, the RECYT is a forum capable to promote actions and facilitate the integration process through strategic orientation, planning, and defining objectives supporting institutional articulation to make actions viable. Its actions are structured to increase MERCOSUL's countries productivity, especially through identifying activities on course in different countries; identifying institutions that has interest in support joint activities to foster S&T activities in MERCOSUL; and defining fields of knowledge (thematic areas) and priority sectors to identify and purpose solutions to the problems of a given sector or region.
TWAS - Science Academy to Developing Countries	Originally founded as Science Academy to the Third World, this entity promotes scientific training and excellence in Southern countries. Its main objectives comprises the intermediation of many cooperation activities, aiming to stimulate the S&T in all Southern countries, including those where there are major difficulties in social and economic development. Besides stimulating scientific research in basic areas, the Academy also supports projects focused in the solution of critical economic and social problems, in order to allow: a significant and sustainable development of South countries; the promotion of Science in all countries, even the poorest ones; and the insertion of women in Science.

General IP info

Categories of IP rights:


Category of IPR	Name of the law	Registration needed	Where to register
Copyright	Copyright Law No. 9.610 of February 19, 1998 Software Law No. 9.609 of February 19, 1998	no, but possible	National Library or at other public offices such as national councils or academies for software - National Institute of Industrial Property (INPI)
Patents	Law No. 9.279 of May 14, 1996 (Industrial Property Law)	yes	National Institute of Industrial Property (INPI)
Utility models	Law No. 9.279 of May 14, 1996 (Industrial Property Law)	yes	National Institute of Industrial Property (INPI)
Trade marks	Law No. 9.279 of May 14, 1996 (Industrial Property Law)	yes	National Institute of Industrial Property (INPI)
(Industrial) designs	Law No. 9.279 of May 14, 1996 (Industrial Property Law)	yes	National Institute of Industrial Property (INPI)
Geographical Indications	Law No. 9.279 of May 14, 1996 (Industrial Property Law)	yes	National Institute of Industrial Property (INPI)
Know How	There is no special law, but some relevant regulations may be found at: Copyright Law No. 9.610 of February 19, 1998, Law No. 9.279 of May 14, 1996 (Industrial Property Law), Consolidation of Labour Laws (Decree-Law No. 5.452 of May 1st, 1943) and Brazilian Criminal Code (Decree-Law No. 2.848 of December 7, 1940)	no	-
Plant Breeders Rights	Law No. 9.456 of April 28, 1997 (Plant Variety Protection Law)	yes	Ministry of Agriculture, Livestock, and Supply
Topographies of Semiconductor Products	Law No. 11.484 of May 31, 2007 (Integrated Circuit Topographies)	yes	National Institute of Industrial Property (INPI)

IPRs' databases:


Name of the source	What information can I find?	Language
INPI Database	Database for patents, utility models, trademarks, geographical indications, industrial designs, topographies of semiconductor products and computer programmes. You need to be registered to have access to the database.	Portuguese
Latipat	Database for patents, utility models, trademarks, geographical indications, industrial designs, topographies of semiconductor products and computer programmes. You need to be registered to have access to the database.	English, Spanish, Portuguese
Cultivarweb	Specific plant information and plant breeder's rights	Portuguese

Research related limitations and exceptions to IPRs:


Category of IP right	Type of limitation	Description	Relevant regulation
Patents/Utility models/Designs	Limitation on exclusivity:	Researcher of scientific and technological subjects is authorized to duly perform its activities without any previous consent and it will not be considered a violation to IPR.	Law No. 9.279 of May 14, 1996 (Industrial Property Law), Article 43 item II, Article 109
Patents/Utility models
Industrial Designs
Topographies of Semiconductor Products
Trade Marks	Limitations on exclusivity:	Trademark can be mentioned in a speech or in a literary or scientific work, provided that there is not a commercial connotation and without prejudice to its distinctive character.	Law No. 9.279 of May 14, 1996 (Industrial Property Law), Article 132, item IV
Copyright	These kinds of use do not infringe copyright:	There is no specific Articles about it in the Copyright Law. However, some Articles authorize many types of regular uses that can indirectly serve to the purpose of scientific and technological research: Article 46, item III, authorizes the quotation of excerpts in books, newspapers, magazines or any other medium of excerpts of a copyrighted work for the purposes of study, criticism or debate; Article 46, item VIII, grants the right of reproduction of in any work of short extracts from existing works (or of the whole work in the case of a work of three-dimensional art), provided that the reproduction is not in itself the main objective of the new work and does not jeopardize the normal exploitation of the reproduced work nor unjustifiably prejudice the author’s legitimate interests.	Law No. 9.610 of February 19, 1998 (Copyright Law)
Software	These kinds of use do not infringe rights to software:	There is no specific Articles about it in the Copyright Law or in the Software Law. However, some Articles authorize many types of regular uses that can indirectly serve to the purpose of scientific and technological research: besides the above mentioned exceptions in the Copyright Law (that are applicable to software), the Software Law, in its Article 6, item II, allows the partial quotation of the program, for educational purposes, provided the program and the title-holder of the respective rights are duly identified.	Law No. 9.610 of February 19, 1998 (Copyright Law), Software Law No. 9.609 of February 19, 1998

IP Office:


Name of the office	Scope of activities
National Institute of Industrial Property (INPI)	INPI is responsible for the improvement, dissemination and management of the Brazilian Industrial Property and software system. INPI is the official office for patents, utility models, trademarks, industrial designs, geographical indicators and topographies of semiconductor products.
National Library Foundation	Copyright in general (except software).

IP treaties & agreements:


Berne Convention	introduces minimum standard of copyright protection	yes
Paris Convention	establishes minimum standards of industrial property protection	yes
TRIPS		yes
WIPO conventions		yes
PCT		yes
EPC		no
Madrid Protocol	allows registration of trademarks via international route	no
Hague Convention		no
UPOV		yes

Ownership rules:


Default (statutory) regime for the ownership	Author / inventor
Default (statutory) regime for employee’s creations	In relation to industrial property and software - employer; the employee shall be the owner only when the created industrial property or software is completely separated from work and did not require any kind of equipment, facilities, data, etc. In relation to copyright, the Copyright Law per se does not provide any rule regarding the ownership of authorial works (e.g. artistic, intellectual or musical works). Article 454 of the Consolidation of Labor Laws says that inventions will belong to the employer and the employee, in equal parts, when created by both (i.e. a combined effort, including a combination of equipment, materials, data, knowledge, etc.), except when it contemplates scientific research. In order to prevent mistakes or misunderstandings, the best practice is to stipulate a clause in the contract about the results. However, there are specific situations that a Law or other legal normative act (e.g. a statutory regime) stipulates the applicable rule.
Ownership of research results in publicly sponsored research	The rules will differ from HEI to HEI. It will be determined in the contract, however the majority of the cases seem to be where it is divided between the HEI, the researches who were in charge of the research and the specific institution who supported the study.
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually	Depends on the institution. State University of Campinas, for example, divides the patents equally between the institution, the University and the inventors, 1/3 for each.
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually	No specific rules.
Related law (name & link)	Law No. 9.279 of May 14, 1996 (Industrial Property Law), Articles 88-90 Copyright Law No. 9.610 of February 19, 1998 Software Law No. 9.609 of February 19, 1998, Article 4 Consolidation of Labour Laws (Decree-Law No. 5.452 of May 1st, 1943), Article 454

Dissemination rules:


Limitations on publication	Information not available
Specific rules regarding publication of scientific results financed by public bodies	Information not available
Non-disclosure clauses in research contracts	Information not available

Specific incentives for innovation activities:


Related Law (name & Link)	Law No. 10.973 of December 2, 2004 (Innovation and Research in Science and Technology)
Incentives provided by law for individual researchers	Instruments for promoting innovation: scholarships; research assistance; research programmes.
Related Law (name & Link)	For up-to-date information please consult the web-page of Brazilian National Council of State Research and Innovation Support Foundations
Incentives provided by HEI for researcher

Form of commercialisation:


Form of commercialisation	Requirements regarding form of contract	Limitations for HEIs	HEIs Unit responsible for commercialisation	Related law (name & link)
Transfer, Licensing of IPRs	Written form. Needs to be endorsed by the INPI.	None	None	Law No. 9.279 of May 14, 1996 (Industrial Property Law)

Revenue sharing:


Remuneration/ Participation in revenues	Statutory rules regarding remuneration	Statutory rules regarding revenue sharing	Internal HEIs rules regarding revenue sharing	Related law (name & link)
Patents and other IPRs	Inventors have the right for remuneration, however its distribution and sharing procedures are not specified. When there is no agreement between the inventor and the licensiate the INPI has the right to arbitrate over the distribuiton. Also the amount can be revised after one year.	Not specified	Not specified	Law No. 9.279 of May 14, 1996 (Industrial Property Law)

Models of contracts used in R&D:


Type of contracts	Short description	Source (link)
Each institute will have its own contract template.	In some cases you can request a model template or a non-disclosure agreement template direclty from the institute´s website, although this is not commonly practiced yet.	Not available