Clipping – Use of pirated software can harm negotiations with the United States

The Brazilian Association of Software Companies (ABES) warns Brazilian exporting companies about the importance of keeping their technology park legalized, in order to avoid penalties and/or even being prevented from continuing to trade with the US. This is because there is a legal movement in the country in which the authorities are intensifying their actions in compliance with the law to combat unfair competition to eliminate the unfair competitive advantage acquired by manufacturers who use unlicensed IT in their business operations.

 

On March 13, the Oklahoma State Attorney General (USA) filed a lawsuit against a Chinese oil and gas equipment manufacturer, alleging that the company used pirated software in its production and used stolen technology. to practice artificially lower prices in the marketing of their products. In this way, obtaining a competitive advantage against American competitors who pay for the correct licensing of the programs.

 

In another similar case, the Louisiana State Attorney General settled a settlement with a Chinese manufacturer of kitchen grills. The authorities sent a statement signaling the possible sanctions against the company if it did not regularize its technology park with original programs. Since the creation of the law, which took place two years ago, these were the fifth and sixth cases against foreign suppliers. Other sanctions took place in the states of California, Massachusetts, Washington and Tennessee between 2012 and 2013.

 

According to a report from a study conducted by the Harvard Business School and the National Association of Manufacturers, US manufacturers lost US$ 239.9 million in revenue during the period 2002 and 2012 to companies that used pirated software copies. In addition, there was a loss of 42 thousand jobs throughout the American territory due to piracy.

 

Alert to Brazilian Exporters

 

Due to this scenario, ABES warns national exporters in order to guarantee protection against the imposition of these laws and suggests the survey of installed programs and licenses acquired in companies. “It is important to check the contracts and rules of each manufacturer on the correct use of the software. The tendency is for US authorities to further intensify their warning or legal actions against foreign companies”, comments Jorge Sukarie, president of ABES.

To guide Brazilian entrepreneurs, the Empreendedor Legal Portal – www.empreendedorlegal.org.br – an initiative created by ABES, provides the Software Asset Management Manual, which can be downloaded free of charge.

 

The Brazilian Trade and Investment Promotion Agency (Apex-Brasil) is one of the supporters of the Empreender Legal Initiative and reinforces ABES' alert on the importance of the topic for Brazilian exporters. Within the Agency's operating principles, fair competition, the use of original software and the defense of intellectual property in the performance of Brazilian exporters are essential.

 

“Brazil is internationally recognized for its creativity and innovation, and the more our companies become rigorous in adopting good practices, the better results we will have for the internationalization of these companies' businesses, for exports of Brazilian products and for the country's image. , if it is linked to illegal practices”, emphasizes the president of Apex-Brasil, Maurício Borges.