Propriedade intelectual no setor de energia elétrica: um estudo de caso do programa ANEEL de pesquisa, desenvolvimento e inovação executado na CEMIG

Abstract

Law No. 9,991/2000 establishes minimum percentages of Net Operating Revenue to be compulsorily invested in technological innovation by concessionaires, permit holders, and authorized companies in the Brazilian electrical sector. This provides companies with relative budgetary predictability allocated to the ANEEL program of research, development, and innovation (RD&I). Despite this, the sector faces challenges in practically applying developed technologies. Therefore, analyses were conducted based on a qualitative and quantitative approach, focused on the specific case of Companhia Energética de Minas Gerais (CEMIG) and including an analysis of existing RD&I management models, literature review, documentary research, and interviews with key participants in CEMIG's RD&I projects. This research aims to better understand the challenges and opportunities in managing ANEEL's innovation projects. For this purpose, factors hindering electrical sector companies from delivering more robust results were mapped, intellectual property of the researched company was assessed, and common factors were identified, considering successful ANEEL RD&I cases executed by CEMIG. It was observed that the legal obligation to comply with ANEEL's RD&I program regulations and meet the regulator's complex control mechanisms often led to prioritizing compliance over effective project management; a factor repeated in various agents of the electrical sector. It was also noted that CEMIG's most successful cases in the ANEEL RD&I Program shared the characteristic of addressing a relevant problem-solving need within the company, thus gaining greater engagement from leadership and technical staff. Challenges such as reconciling the RD&I project with work routines, excessive bureaucracy, and the need for better preparation of project managers regarding ANEEL Program procedures were identified. There was also a perceived need to better train individuals who are not formally listed in RD&I projects but play crucial roles within the company. The case study revealed that, despite CEMIG's positive standing compared to other players in the electrical sector in terms of patents, projects, and investments in the ANEEL RD&I Program, projects within this program have low practical utilization. This research aims to contribute to the greater maturity and applicability of technologies developed in the ANEEL program, resulting in gains such as service quality, safety, resource rationalization, and sector sustainability. Future studies are suggested to expand the research by involving other ANEEL RD&I managers at CEMIG, applying this research to other companies participating in ANEEL's Research, Development, and Innovation projects, and assessing the impact of the new RD&I, which is in its first year of operation (2024), analyzing whether the proposed changes have achieved the desired results.