YEAR XVII - December 16 to 22, 2002 - Edition 202
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Innovation Law: Big step

NARCIO RODRIGUES

O National Congress received in November and is already considering, within the scope of the Science and Technology, Communication and IT Commission, the draft Technological Innovation Law, of great significance for science and for the development of our country.

By placing innovation as the main focus, the project recognizes that it is not enough for a country to do just Science and Technology and Research and Development. It is necessary to transform this into new products and processes or improve what already exists, so that the final products are desired by national and international markets.

The innovation of Brazilian products will allow the diversification of exports, currently heavily anchored in minerals and agricultural products. This is a good way to create jobs, income and development and ensure balance in our balance of payments.

The bill (no. 7.282/02) brings a series of definitions, such as what is a Scientific and Technological Institution (ICT) - a body or entity whose missions include carrying out basic or applied research activities in scientific or technological character; and creates parameters to classify a Technology-Based Company (EBT) - whose main activity is production, industrialization or productive use of creation.

The proposal also deals with encouraging innovation in ICTs, such as the possibility of them entering into technology transfer contracts, being able to allocate up to 20% of the amounts earned to the creator of the innovation, as an incentive. Scientific and technological institutions will be able to enter into a four-year, extendable term of commitment with the Ministry (to which they are linked), to make their administration more flexible, always subject to evaluation and supervision. Based on this term of commitment, ICT's will be able to pay their staff a bonus, unrelated to remuneration, linked to increased productivity and achievement of goals.

On the other hand, there is also an important stimulus for the registration of patents and intellectual protection titles related to the creation of ICTs. For the purposes of any assessment of merit, in which works published in indexed journals are considered, the researcher must have recognized patents and intellectual protection titles. In addition, he will have a direct share in the gains that ICT obtains from the innovation he developed, up to a limit of 20% of the total. This participation may be extended to members of the team responsible for development.

The researcher may also request leave from ICT to collaborate with another entity or to found an EBT, with the objective of developing business activity related to the production of goods directly resulting from his or her creation. In the latter case, the leave may last for up to four years. If, during the leave, the researcher chooses to resign from his permanent position or public employment, he will be entitled to compensation, as a financial incentive.

At the same time, the project provides support for independent inventors, who can have their work analyzed and implemented by an ICT. It also contains an entire chapter dealing with encouraging innovation in companies. To this end, the Union, ICTs and development agencies will be able to participate with financial, human, equipment and infrastructure resources in projects aimed at creating environments, infrastructure or centers aimed at developing innovative products and processes. ICTs may, for adequate remuneration, allow companies to use their laboratories and equipment for research. There is also an incentive to incubate EBTs.

We understand that discipline in relation to patents is a very important part of the project. It is excellent that researchers are evaluated not only based on published articles, but also based on the number of patents or intellectual property registrations obtained. The researcher's participation in the profits that his patent provides is also very welcome. These devices tend to change the current culture of academia, which does not attach importance to patenting.

It seems to us, however, that the part of the project that deals with patent registration deserves improvement. It is known that registering a patent is a complex and expensive process, especially when registering internationally. Greater support needs to be given to ICTs and researchers to facilitate this registration. One solution would be for the government to have a central office to take charge of these procedures, but this issue will certainly be widely discussed until a result that encompasses the sector is reached.

For this and other improvements that the proposal will receive, we will be alert in the Science and Technology, Communication and IT Committee. There is a desire from the current Government and the elected Government that the law can be voted on quickly. It is possible, but resistance from one side or another is already manifesting itself and, in this project, there is also a discussion of labor relations, which always generate huge controversy in the Chamber of Deputies. The most important thing is that the rapporteur, deputy Luiz Piauylino, listens to all parties and advances his opinion, allowing - from there - the debate and improvement of the proposal. This is the role of the Legislature. This is the role we hope to fulfill early next year.

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NARCIO RODRIGUES He is a journalist, federal deputy, current president of the Science and Technology, Communication and IT Committee of the Chamber of Deputies