Contratos de transferência de tecnologia, desenvolvimento tecnológico do Brasil e o papel do INPI

Abstract

In the continuous process of globalization and high valuation of intangible goods, technology and services, the contracts related to the technology transfer assume a major role in the technological development of countries and their localities. The acquisition of technology from abroad, by contracts of technology transfer, is considered as a viable alternative, mainly to reduce technological backwardness. In the Brazilian context, to stimulate autonomous development and, therefore, reduce technological dependence and, indirectly, the need of technology from abroad, the current legislative framework, dating back to the 50s and 70s, is restrictive to the remittance of capital and tax deductibility for the payment of technologies from abroad. The analysis of compliance with these restrictions, until the publication of INPI Normative Instruction No. 70/2017, was carried out by the National Institute of Industrial Property - INPI and, as a result of such Normative, INPI will no longer analyze the merits of the contracts. In this context, the objective is to evaluate the possible effects that the restrictive analysis of the remittance of capital abroad, through technology transfer contracts, registrable before the INPI, as a measure for the technological development of the country. The used methods were the bibliographic review and documentary research. For that, an analysis of the different types of contracts submitted to INPI's registration, as well an analysis of the history and possible motivation of the tax legislation on the remittance of capital to other countries, also the analysis of concepts such as transfer of technology and technological dependence, and a final discussion regarding the impasse between autonomous development and the acquisition of technology from abroad was made. As a conclusion, it has been observed that legislative measures restricting the remittance of capital did not help to reduce Brazil's technological dependence or stimulate autonomous development. It is also considered that the norms surrounding the theme should be changed, such as the Ministerial Order No. 436/58, to comply with the constitutional principles of progress of science and technological development.