WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/BRA/C/1
19 September 2000
(00-3709)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
BRAZIL
The present document reproduces the text1 of Law 9.609, which regulates the protection of
"software", as notified by Brazil under Article 63.2 of the Agreement (see document IP/N/1/BRA/2).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
BRÉSIL
Le présent document contient le texte1 de la Loi 9.609, qui régit la protection des "logiciels",
notifiée par le Brésil au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/BRA/2).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
BRASIL
En el presente documento se reproduce el texto
1 de la Ley 9.609, que regula la protección del
"programa de computador", notificada por el Brasil en virtud del párrafo 2 del artículo 63 del Acuerdo
(véase el documento IP/N/1/BRA/2).
                                                     
1 In English only. The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/BRA/C/1
Page 2
Law No. 9609, of February 19, 1998
On the protection of intellectual property
of software, its commercialization in the
Country, and other provisions.
THE PRESIDENT OF THE REPUBLIC:
Let it be known that the Chamber of Representatives has decreed and I hereby
sanction the following Law:
CHAPTER I
PRELIMINARY PROVISIONS
Art. 1. Software program is the expression of an organized set of instructions in
natural or code language, contained in a physical support of any kind, necessarily
employed in automatic machines for the manipulation of data, devices, tools, or
peripheral equipment, based on digital or analog technique, so they will operate in
the way and with the purposes determined.
CHAPTER II
PROTECTION OF COPYRIGHT AND REGISTRATION
Art. 2  The protection system for intellectual property of software is the same
granted to literary works by the copyright laws and connected provisions in Brazil,
under the terms of this Law.
Paragraph 1. The Provisions related to moral rights do not apply to the
software program, except, at any time, the author’s right to claim the authorship of
the software and the author’s right to oppose any unauthorized changes, when these
result in the disfigurement, mutilation or any other modification to the software, which
damages the author’s honor or reputation.IP/N/1/BRA/C/1
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Paragraph 2. The tutelage of the rights associated to the software is assured
for a period of fifty years, counting from January 1  of the year  following its
publication or, if this is unavailable, its creation.
Paragraph 3. The protection of rights which is the object hereof shall not be
subject to registration.
Paragraph 4. The rights granted hereby shall be assured to foreigners
domiciled abroad, provided the software’s c ountry of origin grants, to Brazilian and
foreign citizens domiciled in Brazil, equivalent rights.
Paragraph 5. The rights granted by this Law, and the copyright laws and
connected provisions in Brazil include the exclusive right to authorize or  forbid
leasing, whereas this rights shall not be exhausted by the sale, licensing or any other
form of transfer of software   copy.
Paragraph 6. The provisions in the previous paragraph shall not apply  to the
cases in which the software itself is not an essential object of the leasing.
Art. 3. Computer software may, at the discretion of their title-holder, be
registered with a body or entity to be indicated by an act of the Executive Branch, at
the initiative of the Ministry responsible for the policy for Science and Technology.
Paragraph 1. The application for registration established in this article shall
include, at least, the following information:
I - data referring to the author of the software program and its title-holder,
provided they are different persons, whether individuals or corporate bodies;
II - identification and functional description of the software program; and
III - portions of the program and other da ta deemed sufficient to identify it and
characterize its originality, save for third-party rights and Government liability.IP/N/1/BRA/C/1
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Paragraph 2. The information mentioned in item III of the previous
paragraph shall be confidential and shall not be disclosed, save upon a court order
or at the discretion of its title-holder.
Art. 4. Unless  covenanted otherwise, the employer, service contracting
party or public body shall have full title over the rights associated to the software
program, developed and elaborated throughout the duration of an agreement or by-
law obligation, expressly intended for research and development, or in which the
employee’s, service contractor’s or server’s activities are provided, or yet, which
arise from the nature of the duties pertaining to said ties.
Paragraph 1. Unless covenanted otherwise, the remuneration for the
work or service provided shall be limited to the agreed remuneration or salary.
Paragraph 2. The employee, service contractor or server shall have full
title over the rights pertaining to a software program generated with no connection to
the employment contract, service agreement or by-law obligation, and without the
use of resources, technological information, trade and business secrets, materials,
facilities or equipment of the employer, the company or entity with which the
employer has entered into a service agreement or other similar agreements, or the
service contracting party or public body.
Paragraph 3. The treatment  provided for in this article shall be
applicable to the cases in which the software program is developed by scholarship
students, trainees, or persons in similar circumstances.
Art. 5. The rights over the derivations authorized by the title-holder of
the rights over software programs, including their economic exploitation, shall belong
to the authorized person who effects them, unless otherwise provided.IP/N/1/BRA/C/1
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Art. 6. The following shall not constitute offense to the rights of the
software program title-holder:
I - the reproduction, in one single  copy, of a legitimately purchased copy,
provided the copy is intended as backup copy or electronic storage, in which case
the copy  shall be used as a backup copy;
II - partial quotes of the program, for teaching purposes, provided the program
and the title-holder of the respective rights are duly identified;
III - the similarity of the program with another, preexisting, program, when this
occurs by virtues of the functional characteristics of its application, compliance with
normative and technical precepts, or alternative limitation on its expressions;
IV - the integration of a program, maintaining its essential characteristics, with
an application or operational system, technically indispensable  for user needs,
provided it be for the exclusive use of the person who effected it.
CHAPTER III
GUARANTEES FOR USERS OF SOFTWARE PROGRAM
Art. 7 - The licensing agreement for use of a software program, the
corresponding tax documents, the physical supports for the software program or the
respective packages shall specify the technical duration of the commercialized
version, so as to be easily read by the user.
Art. 8 - Whoever commercializes a software program, whether he has the title
to the software rights or to the rights of commercialization, is obligated, throughout
the  technical duration of the respective version, to guarantee to the respective users
supplementary technical services for the proper operation of the program,
considering its specifications, within the Brazilian territory.IP/N/1/BRA/C/1
Page 6
Sole Paragraph - The obligation shall survive in the event of withdrawal from
the commercial circulation of the software program throughout its duration, save in
the event of a fair indemnity for any damages caused to third parties.
CHAPTER IV
AGREEMENTS FOR THE LICENSING OF USE, COMMERCIALIZATION
AND TECHNOLOGY TRANSFER
Art. 9 - The use of a software program in Brazil shall be the object of a
licensing agreement.
Sole Paragraph - In case the agreement mentioned in the preamble of this
article does not exist, the tax document relative to the acquisition or licensing of a
copy shall be used as proof of its legal use.
Art. 10 - All acts and agreements for the licensing of commercialization rights
relating to software programs of foreign origin shall establish, as regards the payable
taxes and charges, the liability for the respective payments, and shall stipulate the
remuneration of the person who has the title to the software program rights and is
residing or domiciled abroad.
Paragraph 1. Null and void shall be the clauses which:I - limit the production, distribution or commercialization, in violation of the
applicable regulating provisions;
II - exempt any of the contracting parties from any third party actions arising
from misuse,  flaws or violation or copyrights.IP/N/1/BRA/C/1
Page 7
Paragraph 2. The remitter of the corresponding amount in foreign
currency, in payment for the above-mentioned remuneration, shall hold in its
possession,  for a period of five years, all documents required as proof of the legal
nature of the remittances and their compliance with the preamble of this article.
Art. 11. In the cases of transfer of technology of a software program, the
National Institute of Industrial Property (INPI) shall register the respective
agreements, to produce the legal effects before third parties.
Sole Paragraph - For the registration contemplated in this article, the provider
of the technology must deliver to its recipient the full documentation, especially the
commented source-code, a descriptive memorial, internal functional specifications,
diagrams, flowcharts and any other technical data required for absorption of the
technology.
CHAPTER V
INFRACTIONS AND PENALTIES
Art. 12. Violation of rights of the author of a software program:Penalty - Six-month to two-year imprisonment or fine.Paragraph 1. If the violation consists of full or partial reproduction, by
any means, of a software program, for commercial purposes,  without express
authorization from the author or its representative:
Penalty - One to four-year imprisonment and fine.Paragraph 2. The penalty of the preceding paragraph is also applicable
to whomever sells, puts for sale, introduces in the Country, acquires, conceals or has
in deposit, for commercial purposes, any original or copy of a software program,
produced in violation of copyrights.IP/N/1/BRA/C/1
Page 8
Paragraph 3. In the event of the crimes provided for in this article, the
proper actions shall require a complaint, save:
I - when they are performed with damage to the public entity, government
agency, public-stock company, mixed-capital company or foundation instituted by the
public authorities;
II - when any tort gives rise to tax evasion, loss of tax collection or the
performance of any crimes against the tax order or consumption relations.
Paragraph 4. In the event of clause II of the foregoing paragraph, the
collection of any tax or social contribution and any accessory payment shall be
performed regardless of any complaint.
Art. 13. In case of violation of software program copyrights, the criminal
action and preliminary service of search and seizure shall be preceded by an
inspection, and the judge may order the seizure of the copies  produced or
commercialized in violation of copyrights, their versions and derivation, in possession
of the infractor or of whomever places on sale, holds in deposit, reproduces or
commercializes them.
Art. 14. Regardless of any criminal action, the damaged party may file
an action to prevent the infractor from performing the criminal act, under penalty of a
fine in the event of violation of the precept.
Paragraph 1. The action to prevent the performance of the above-
mentioned act may be filed jointly with the action for losses and damages resulting
from said violation.IP/N/1/BRA/C/1
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Paragraph 2. Regardless of any preparative provisional remedy, the
judge may grant an injunctive relief  forbidding the infractor from performing the
criminal act, under the terms  of this article.
Paragraph 3. In civil proceedings, the provisional remedies for search
and seizure shall comply with the provision in the preceding article.
Paragraph 4. In the event any information deemed  confidential be
brought  to court, for the protection of the interests of either party, the judge shall
order the proceedings to be conducted secr etly, the utilization of said information
being also forbidden to the other party for any other purposes.
Paragraph 5. Whoever petitions for and furthers the measures
contemplated in this article and in articles 12 and 13, acting in bad faith or out of
emulation, caprice or gross error shall be held  responsible for losses and damages,
under the terms of articles 16, 17 and 18 of the Civil Procedure Code.
CHAPTER VI
FINAL DECISIONS
Art. 15. This Law is rendered effective on the date of its publication.Art. 16. Law No. 7646 of December 18, 1987 is hereby revoked.Brasilia, February 16, 1998; 177
th anniversary of our Independence and 110th
anniversary of the Republic.
    FERNANDO HENRIQUE CARDOSO
José Israel Vargas
NOTICE: The English version of this law is provided only as a means of
reference. It is noted that the Portuguese version solely constitutes the official one,
for any use the reader may intend.
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