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Legal opinion commissioned by ABPI reaffirms INPI’s financial autonomy

INPI’s financial autonomy, proposed by ABPI in Public Civil Action nº 5095710-55.2021.4.02.5101/RJ, was supported by the legal opinion requested by the Association from professor Sérgio André Rocha, from the State University of Rio de Janeiro (UERJ). When dealing with “the revenue arising from the services provided by the INPI, which, currently, is not fully reverted to the costs of the activities carried out by the Institute”, the reviewer cited article 3 of Law nº 5,648/1970 which, “establishes that the revenue resulting from services provided by INPI is part of its assets”. And he added that, as a public price, “the amount charged by the Institute cannot be used other than to finance its activities”.

For the reviewer, INPI’s financial autonomy is duly supported by industrial property legislation. “When we read article 239 of Law No. 9,279/1996 together with article 3 of Law No. 5,648/1970, we note that the INPI’s financial autonomy is an imposed measure. The caput of article 239 takes as a premise the financial autonomy of the INPI, determining only that the Federal Union can make the necessary structural changes so that the administrative and financial autonomy of the INPI is achieved”.

After a first-degree sentence of partial validity, the action filed by ABPI is being processed in the Federal Regional Court of the 2nd Region, pending judgment on appeals presented by the parties. At the same time, negotiations are underway to reach a possible agreement involving the Federal Union, INPI and ABPI. Click here to read the full opinion.