A company based in Paraná that has signed dozens of contracts in the model of bidding with governments and municipalities to install monitoring totems has become the target of complaints from and state and state
Helper has offered monitoring equipment capable of recording 360 degrees images with alert siren. 2,000 of them have already been installed at a unit cost ranging from $ 9,900 to $ 15,800, depending on the technology offered.
The company says it has a patent of the totems, but he ordered a request for the registration, which, according to lawyers heard by the column, puts the unenforceability of bidding.
To the panel, Helper said it uses a patent licensed from another company, Hertz. The two companies, according to their advisory, are from the same economic group. “This patent, which is valid and in full force, was exclusively licensed to Helper through a Licensing and Marketing Licensing Agreement, regularly registered in INPI,” says Helper.
Already the institute reported that the process of transferring Hertz to Helper “is open, not having a final decision”.
Helper claims to operate in more than 70 cities in 18 states and various public agencies. “Always respecting the legislation. The values practiced are the same adopted throughout the national territory, reinforcing the company’s commitment to transparency and equity in public hiring.”
Lawyer specializing in intellectual property law, Marcelo Manoel Barbosa says that, according to the legislation, the assignment and license of the patent will only take effect from the date of granting the decision rendered by the institute.
“Remove the event based on the presentation of a patent letter by any supplier, without proper analysis of the extension of the protection, constitutes reckless conduct, subject to framing as an act of administrative misconduct,” says Barbosa.
Anderson Medeiros Bonfim, a lawyer who specializes in bidding, points out that, in the absence of bidding for hiring an exclusive supplier, the choice of contractor cannot be linked to a particular patent.
“Although the invention is aware of the novelty requirements and inventive activity, this does not necessarily mean that there are no reasonably compatible in the market that can meet public demand,” says Bonfim.
Gift Link: Did you like this text? Subscriber can release seven free hits from any link per day. Just click on F Blue below.
