Basic info on intellectual property when hiring from Brazil

If you’re hiring software professionals abroad for the first time, it is normal to have concerns regarding intellectual property, data, user information, and product/company secrets. The good news is Ubiminds goes far beyond IT staff augmentation and is fully equipped to comply with strict standards in both Brazil and the US.

Intellectual property info: Brazil in general

Copyright

According to our copyright laws, legal protection is secured automatically, no registration needed, when the work is fixed for the first time in any means of support. Software protection in Brazil follows the type of protection granted to literary and artistic works under the Copyright Law, but with several particular rules as established by Law No. 9,609 of February 19th, 1998.

Software

It basically enforces that software developed during the term of any contract or statutory relationship belongs to the employer or contracting agency (a.k.a. you) for 50 years since its creation. Software violation is both a crime and a civil tort.

Trade secrets

Information on technical, industrial, commercial or financial nature, e.g. processes, know-how, customer lists, samples, price lists, financial information, etc. are usually included in the Industrial Property Law, the Brazilian Civil Code, the Brazilian Constitution, and international treaties.

Data

Also, we have strong legislation regarding data protection, with plenty of federal laws specific to this end, but we are also implementing a broader scope quite similar to EU’s GDPR. You can read more on our Lei Geral de Proteção de Dados (LGPD) in this quick summary by Deloitte – it’s in English. 

Intellectual property info specifically on Ubiminds

Bearing in mind that we work with sensitive information:

• Personal data, anonymous data, and sensitive data belonging to candidates, employees and business partners;
• Strategic, business, and product information from client companies;

we apply a strict policy for the control and management of this information.

IT professionals

Upon hiring, all Ubiminders sign a waiver through which they declare no rights or ownership over any knowledge or other assets developed during the contracted period, granting these exclusively to the client company to which they have been assigned. It also states that no additional retribution or compensation is in order, other than that determined in the SOW. 

There is an additional NDA by which Ubiminders are committed to privacy, confidentiality, and secrecy. In addition to internal sanctions, compliance obligations due to the aforementioned rules and regulations translate into fines and criminal liability in case of infringement.

We are more than happy to adapt our MSA to encompass your specific requirements, and/or expand our current NDAs according to your specific needs so that team members assigned to you comply with additional standards.

Infrastructure

Additionally, we provide them with high-quality equipment, configured with the highest security settings as per industry standard. Encrypted data and multifactor authentication are some of the basics, but you can also read more on the best practices we execute and preach when structuring distributed teams.

Looking for additional info on the intellectual property when hiring from Brazil? We are happy to address any inquiries. Fill the form and we’ll reach out asap.

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Guilherme Guimaraes

Guilherme Guimarães connects knowledge, data, and insights that culminate in innovative business planning and solutions. He currently serves as Head of Finance and Administration, overseeing strategic economic and financial management and contributing to tactical decision-making. Guilherme is also deeply involved in Legal and DPO-related matters, ensuring compliance and data protection.