Decree #8,854, published in the Federal Official Gazette (DOU) of September 23rd, 2016, which should be applied on October 10th, 2016, cuts the number of management positions in the Brazilian Patent and Trademark Office (BRPTO). It eliminates two Director positions and creates a new position of Executive Officer. Some functions of the eliminated positions will be distributed amongst the remaining departments and units.In part, the changes reflect a new law for the Federal Administration decreasing the amount of intermediate management positions and demanding that only civil servants are eligible for most of them. Some years ago, the BRPTO had already introduced such a measure and most of its intermediate management positions were already civil service positions. With the new legislation, civil servants fromdepartments other than the BRPTO can now occupy those positions.

Important Changes

Control over license agreements and technology transfer. Often considered improper and arbitrary, this ceases to be the responsibility of a Contracts Board Directors and will now be directly under the supervision of the BRPTO Presidency.Tasks related to the registration and granting of intellectual property rights. Some that were carried out by the eliminated directors will now be relocated to the directors of trademarks and patents.Function of recording computer programs and topography of integrated circuits,is now a responsibility of Patent Board Director.Industrial Designs and Geographical Indications, is now overseen by the Trademark Director.The new organizational structure directly under the President of the BRPTO is reduced from 20 to 12. The Vice President position has been eliminated. The Executive Officer will be responsible for the coordination, planning and quality of all activities in the BRPTO such as issuing of IP Rights and administration. The Executive Officer is also responsible for IT, studies on the impact of IP and the BRPTO activities for competitiveness in Brazil. The Cabinet of the Office of the President will be responsible for International Affairs, corporate communication, government and business relations.Some of the responsibilities of the eliminated positions (Director of Contracts, Geographical Indications and Registration - DICIG and the Director of Cooperation and Development - DICOD) will be distributed to general coordinators. These coordinating positions, General Coordinator of Dissemination and General Coordination Technology Contracts for Innovation, respectively, are one hierarchical level below a director. Both report directly to the President of INPI.The BRPTO is due to modify the new Rule to clarify the new organizational structure and the scope of each one.Please click here to access the original Portuguese file of Decree #8,854, published in the Federal Official Gazette (DOU) of September 23rd, 2016.