DECREE N ° 4,636, OF March 21, 2003.

Approves the Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the National Institute of Industrial Property-INPI, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that gives him the art. 84, incisos IV and VI, paragraph (a) of the Constitution, and with a view to the provisions of the 50 of the Provisional Measure No. 103, 1º January 2003,

DECRETA:

Art. 1 ° Ficam approved Regimental Structure and the Demonstrative Framework of the Cargos in Commission and of the Gratified Functions of the National Institute of Industrial Property-INPI in the form of Annexes I and II to this Decree.

Art. 2 ° In the provisions of the art. 1º, stay remanded, in the form of Annex III to this Decree, the following posts in committee of the Group-Direction and Higher Advising? DAS and Gratified Functions-FG:

I-from the INPI to the Office of Management, the Ministry of Planning, Budget and Management, a DAS 101.4; five DAS 101.3; three DAS 102.2; one DAS 102.1; ten FG-1; and a FG-2; and

II-of the Management Office, of the Ministry of Planning, Budget and Management, for the INPI, six DAS 101.2; and eleven FG-3.

Art. 3 ° The apostilings arising from the approval of the Structure Regimental of which treats art. 1 ° shall occur within twenty days, counted from the date of publication of this Decree.

Single paragraph. After the apostilaments provided for in the caput, the President of the INPI shall publish, in the Official Journal of the Union, within thirty days, counted from the date of publication of this Decree, the nominal relationship of the holders of the posts in committee of the Group-Direction and Senior Advising-DAS, referred to in Annex II, indicating, including, the number of vacant posts, its denomination and its respective level.

Art. 4 ° The internal regiment of the INPI will be approved by the Minister of State of Development, Industry and Foreign Trade and published in the Official Journal of the Union, within ninety days, counted from the date of publication of this Decree.

Art. 5 ° This Decree shall enter into force on the date of its publication.

Art. 6 ° Ficam repealed the Decrees n ° 77,483, of April 23, 1976; 77, of April 4, 1991; Annex II to Decree No. 1,351 of December 28, 1994; and Decree No 1,766, of 28 of December 1995.

Brasilia, March 21, 2003; 182 ° of Independence and 115 ° of the Republic.

LUIZ INACIO LULA DA SILVA

Luiz Fernando Furlan

Guido Mantega

ANNEX I

REGIMENTAL STRUCTURE OF THE

INSTITUTE NATIONAL OF INDUSTRIAL PROPERTY

CHAPTER I

OF NATURE AND PURPOSE

Art. 1º The National Institute of Industrial Property- INPI, Federal municipality, created by Law No. 5,648 of December 11, 1970, bound by the Ministry of Development, Industry and Foreign Trade, has for the main purpose to implement, in the national framework, the standards governing the property industrial, with a view to its social, economic, legal and technical function, as well as pronouncing itself as to the convenience of signature, ratification and denunciation of conventions, treaties, arrangements and agreements on industrial property, as per art. 240 of Law No. 9,279, of May 14, 1996.

CHAPTER II

OF THE ORGANIZATIONAL STRUCTURE

Art. 2º The INPI has the following structure organizational:

I-bodies of direct and immediate assistance to the President:

a) Cabinet;

b) Coordination of Technical Cooperation; and

c) Attorney General-Juriddish;

II-sectional bodies:

a) Internal Audit;

b) Planning Coordination; and

c) General Administration Directorate;

III-specific organ-specific organs:

a) Board of Patents;

b) Directorate of Brands and Geographical Indications;

c) Directorate of Technology Transfer; and

d) Center for Documentation and Technological Information; and

IV-decentralized units: Regional Delegates.

CHAPTER III

OF THE DIRECTION AND APPOINTMENT

Art. 3º The INPI is directed by a President and four Directors.

§ 1º The President of the INPI will be appointed by the President of the Republic and the Directors will be appointed by the Minister of State for Development, Industry and Foreign Trade.

§ 2º The appointment of the Legal Prosecutor will be preceded by annuence of the Union Advocate General.

§ 3º The appointment and exoneration of the Auditor-in-Chief will be submitted, by the President of the INPI, to the approval of the Controller-General of the Union.

§ 4º Regional State Delegates are subordinate directly to the President of the INPI and subject to the technical guidance of the sectional and singular bodies of the municipality.

§ 5º The remaining positions in INPI committee will be providedin the form of the current legislation.

CHAPTER IV

OF THE COMPETENCIES OF THE ORGANS

Section I

Of The Relief organs Direct and Immediate to the President

Art. 4º To the Cabinet competes:

I-assist the President of the INPI in his social and political representation;

II-incumbent upon the preparer and dispatch of the expedient staff of the President of the INPI;

III-monitoring the tramping of the legal acts of interest of the INPI;

IV-coordinate the media activities;

V-arrange for the publication, dissemination and monitoring of the subjects of interest of the INPI; and

VI-exercise other assignments that are committed to it by the President of Autarquia.

Art. 5º To the Coordination of Technical Cooperation compete to promote and coordinate studies that subsidize the position of INPI together with organizations and institutions involved in their field of acting.

Art. 6º To the Legal Prosecutor's Office, as the Chief Executive of the Attorney General's Office Federal, compete:

I-exercise the judicial and extrajudicial representation of the INPI, acting in the processes in which Autarquia is author, defendant, opponent, or assistant;

II-render direct and immediate advice to the President and the organs of the INPI's Regimental Structure, in the affairs of a legal nature, applying, in what couber, the provisions of art. 11 of the Supplementary Act No. 73 of February 10, 1993;

III-examine, approve and draw up minutes of bidding editions, of instrument of contracts, of congeniums and of other acts creators of rights and obligations, which should be entered into by INPI;

IV-analyze and present solutions on issues raised by the application of laws and regulations regarding activities developed by INPI;

V-examine and issue opinions on projects of normative acts to be dispatted or proposed by the INPI, when they contain legal matter;

VI-fixing, for the units of the INPI, the interpretation of legal planning, when there is no normative orientation of the Advocacy-General of the Union and of the Legal Consultancy of the Ministry of Development, Industry and Foreign Trade; and

VII-establish the liquidity and certainty of the credits of any nature, resulting from the activities implemented by INPI, enrolling them in active debt, for the purposes of friendly or judicial collection.

Section II

Of The Sectional organs

Art. 7º À Internal Audit competes to verify compliance, prevailing standards, procedures of budgetary, accounting, financial, heritage and human resources, as well as, when determined by the President of the INPI, the verification of the suitability between the means employed and the results achieved and, specifically:

I-creating indispensable conditions for ensuring effectiveness in internal and external controls, seeking to ensure regularity in the realization of the revenue and expenditure;

II-examine the specific legislation and the correlates standards, guiding as to their observance;

III-promote regular inspections in the INPI acting areas, to check the execution physical and financial of the projects and activities, including those performed by third parties;

IV-carry out financial, accounting and administrative audits, for the purpose of assessing and certifying the accuracy and regularity of the accounts and to substantiate efficiency and effectiveness in the application of Autarquia's resources; and

V-perform extraordinary, draft-specific audits, which, in the interests of the Administration, will come to be determined by the President.

Art. 8º To the Planning Coordination competes:

I-coordinate, direct, supervise, promote, follow up, and evaluate the execution of the activities related to the Federal Planning and Budget Systems, of Organization and Administrative Modernization, and of the Administration of Information and Informatics Resources, within the framework of the INPI;

II-coordinate the strategic planning process;

III-provide advising to the units of the Autarquia in planning and managing their activities; and

IV-follow up and evaluate the performance of the INPI activities.

Art. 9º The General Administration Directorate competes to plan, coordinate, drive, supervise, promote, monitor and evaluate the implementation of the actions concerned with the Civil Personnel Systems of the Federal Administration, General Services, Financial Administration, Human Resources and Federal Accountancy, in scope of the INPI.

Section III

of the Singular Specific Organs

Art. 10. The Board of Patents competes to analyze and decide about pathental privileges and industrial drawing records.

Art. 11. To the Directorate of Brands and Geographical Indications compete to analyze and decide about trademark, geographical indication and other distinguishing marks.

Art. 12. The Directorate of Technology Transfer competes to analyze and decide on the averaging of contracts for patent exploitation, use of brands and to what entails transfer of technology and franchise, as well as decide on records of special technologies assigned to INPI, including computer program registration.

Art. 13. The Center for Documentation and Technological Information competes to promote the collection and preservation of the memory of patents, as well as the dissemination of technological information generated or managed by INPI.

Section IV

Of The Decentralized Units

Art. 14. To Regional Police Stations compete to exercise the activities of the INPI, which are assigned to it, in the regions understood in their areas of acting.

CHAPTER V

DAS ATTRIBUTIONS OF THE LEADERS

Art. 15. To the President of the INPI incumbent:

I-represent the INPI in judgment or outside of it;

II-approve the budget schedule, for forwarding to the competent bodies;

III-submit to the approval of the Ministry of Development, Industry and Foreign Trade, the Internal Rules of the INPI;

IV-appoint or designate officeholders in committee;

V-send the provision of accounts to the Ministry of the Development, Industry and Foreign Trade, for the purpose of submitting it to the Court of Auditors of the Union; and

VI-practice the remaining administrative acts necessary for the operation of the INPI.

Art. 16. To Directors, the Attorney-Legal, the Auditor-in-Chief and the remaining leaders it is incumbent on practicing the administration acts necessary for the performance of the activities of the respective units.

CHAPTER VI

OF THE GENERAL PROVISIONS

Art. 17. The internal regiment shall define the detailing of the integral bodies of the INPI Regimental Structure, the competences of the respective units, the assignments of their leaders, and the areas of jurisdiction of the Regional Delegates.

Art. 18. The missing cases and the doubts raised in the application of the present Regimental Structure will be addressed by the President of the INPI, ad referendum of the Minister of State for Development, Industry and Foreign Trade.