These measures have indirect effects on contracts, pricing, and the integrity of intellectual property in the digital ecosystem.
*Camila Tecchio
In a scenario where the global economy increasingly relies on digital and intangible assets, recent tariff changes involving products from different origins reinforce that the effects go beyond the commercial sphere, also reaching legal certainty and predictability in the flows of technological innovation.
In the software sector, whose core assets are regulated by specific intellectual property frameworks (such as Laws No. 9,609/98 and No. 9,610/98), the impacts of these measures can be especially significant. This is due to the increasing integration of software into physical devices, hybrid platforms, and cloud services, which are frequently subject to customs and tariff regulations.
Contractual and commercial implications
Tariff changes tend to impact international licensing agreements, especially those involving technology transfer, sublicensing, or bundled services. Companies operating with embedded software or integrating physical and digital solutions already face challenges in renegotiating contractual terms and adapting their pricing models to maintain global competitiveness.
Clauses such as material adverse change (MAC), force majeure, and contractual rebalancing are being reassessed by legal departments, especially in contracts involving IT infrastructure abroad, hosting on international servers, or dependence on physical components. The absence of specific provisions for pricing scenarios may increase the risk of litigation, involuntary default, or loss of revenue.
Reflections on the protection of intellectual property
Abrupt changes in the international regulatory and commercial environment can indirectly affect the integrity of intellectual property. In contexts of greater instability, historically there has been an increase in the use of unauthorized solutions, such as pirated software or improper licensing, as well as practices such as re-engineering and disregard for technical protections (DRM). This phenomenon can weaken copyright protection mechanisms, with significant impacts on legal certainty and the sustainability of innovation.
In Brazil, where there are still significant challenges in regulating software use—with estimates pointing to more than 25% of software in use without proper licenses—measures that increase operational costs could contribute to exacerbating this situation.
Recommendations for mitigating risks and strengthening resilience.
Given this context, organizations in the software sector can benefit from a strategic approach in four main areas:
- Legal review of international contracts, including specific clauses for tariff situations, economic and financial rebalancing, and dispute resolution through arbitration.
- Strengthening governance over software assets., with internal audits, rigorous license management, and the use of advanced DRM systems.
- Geographic diversification of markets and technological infrastructures, as a way to mitigate risks associated with trade barriers and regional instabilities.
- Institutional and international engagement, through collaboration with sector entities, participation in multilateral forums, and support for organizations that promote predictability and legal certainty in digital commerce.
Changes in the global tariff landscape reinforce the need for continuous adaptation by companies operating in highly integrated and regulated markets. For the software sector, protecting intellectual property demands not only technical or contractual mechanisms, but also a strategic approach that includes strengthening legal governance, diversifying markets, and building a more predictable and secure business environment for innovation.
Notice: The opinion presented in this article is the responsibility of its author and not of ABES - Brazilian Association of Software Companies
Article originally published on the IT Forum website: https://itforum.com.br/colunas/mudancas-tarifarias-internacionais-software/
